State ex rel. Marvin v. Withrow

Citations

• 21 Ohio C.C. Dec. 215

Syllabus

<p>CONSTITUTIONAL LAW — OFFICERS—SCHOOLS.</p> <p>1. Cincinnati School Board Law Unconstitutional.</p> <p>Section 3897 Rev. Stat., as amended by act 99 O. L. 585, purporting to change the membership of boards of education in cities of over fifty thousand persons, but in effect applicable only to one of the class, is unconstitutional and void, as being general in character and not of uniform operation.</p> <p>2. President of Board of Education Holds Over Until Successor Qualifies.</p> <p>A president of a board of education, performing duties under Secs. 3974, 3980, 3982, 3983, 3984 Rev. Stat., other than presiding at meetings of the board, is an officer within the meaning.of Sec. 8 Rev.- Stat., and holds over until his successor is regularly chosen and qualifies.</p> <p>3. Officer Entitled to Hold Over. Until Successor is Legally Selected and Qualified not Estopped to Deny Right of Another Elected and Qualified Under an Unconstitutional Law.</p> <p>One regularly chosen and qualified as president of a board of education under a constitutional law is not estopped to assert his right to hold over until his successor is regularly chosen and qualified; the fact that another is elected and qualified under an unconstitutional law and has entered upon its duties, Tinder a belief of its validity by both claimants, indicates no intention on the part of the former to abandon his right to hold- over or acquiesce in the claim of the other.</p> <p>[Syllabus approved by the court.]</p>