Ellis v. Greaves

Citations

• 82 Miss. 36

Syllabus

<p>1. Quo Warranto. Office. School trustee. Code 1892, § 3520.</p> <p>A trusteeship of a public school is an office within the meaning of code 1892, § 3520, providing a remedy by quo warranto against persons unlawfully holding office.</p> <p>2. Constitutional Law. Constitution 1869, curt. 8, sec. 1, constitution 1890, sec. 201. Uniform system of public schools. Departures from general school law.</p> <p>Constitution 1869, art. 8, sec. 1 (constitution 1890, sec. 201), making it the duty of the legislature to establish a uniform system of public schools, prohibited the appointment by legislative act of designated persons as trustees of a public school for a term of twenty years, and granting them power to fill vacancies in their number, exclusive control of the school and other powers not conferred on trustees of public schools generally.</p> <p>3. Same. Laws 1888, p. 173, ch. 198. Code 1892, \\ 4008.</p> <p>While Code 1892, § 4008, regulating the election of public school trustees generally, but providing that existing trustees of certain separate school districts should remain in office according to the terms of their appointment, did not supercede laws 1888, chapter 148, appointing and conferring extraordinary powers upon the trustees of the Hazlehurst public school, yet said act of 1888 was and is violative of constitution of 1869, art. 8, sec. 1 (constitution 1890, sec. 201), requiring a uniform system of public schools.</p>