In re Construction of School Law

Citations

• 2 S.D. 71
• 48 N.W. 812
• 1891 S.D. LEXIS 6

Syllabus

<p>1. Since under Comp. Laws Dak. $ 1814, the members of the board of education elected under its provisions were to continue in office until their successors should be elected and qualified, Act March 12, 1891, c. 9, \\ 7, providing for the election of a new board, does not oust from office the members of the old board until after the new board is elected and qualified.</p> <p>2. S. D. March 12, 1891, e. 9, § 7, making it the duty of municipal corporations to hold an election at which a new board of education shall be chosen without specifying a time for holding- it, except that it shall not be on the same day as a municipal election, leaves the time for holding it to be determined by the municipality; and the manner of calling, holding and conducting such election is the same as in the case of other municipal elections, except so far as the act provides otherwise.</p> <p>[Syllabus by the Court.</p>