Butler Township School District Case

Citations

• 158 Pa. 159
• 27 A. 849
• 1893 Pa. LEXIS 1562

Syllabus

<p>School law — Directors—Failure to organize — Acts of April 22, 1863, May 8, 1854.</p> <p>Where the members of a school board fail to meet on the first Monday of June, or within ten days thereafter, as required by the act of April 22, 1863, P. L. 523, a vacancy exists in their offices, and the court of quarter sessions may appoint other persons in their places.</p> <p>Three members elect of a school board met within the time required by law, and declared the seats of the three other members vacant, on the ground that after due notice they had neglected to attend regular meetings of the board. The excluded members within the time provided by law met and organized another board, and filled two vacancies for the same reason that the others had filled three. Each board went through the forms of organization, and assumed authority in all matters relating to the schools. On petition of more than six taxable inhabitants of the district, the court of quarter sessions found that the board had not been organized, removed both sets of directors, and appointed entirely new men in their places, under act of May 8, 1854, P. L. 618. Held, not to be error.</p> <p>Mr. Justice Mitchell dissented, on the ground that the court had only jurisdiction to appoint new directors, when all the members of the board refused and neglected to perform their duties.</p> <p>Officers — Act of May 8, 1854 — Constitution, art. 7, § 4.</p> <p>Article 7, § 4, of the constitution, providing for removal of officers from office, does not repeal § 9 of the act of May 8, 1854, P. L. 618, providing for removal of school directors.</p>