Page images
PDF
EPUB

CHAPTER V.

SCHOOL OFFICERS.

In Primary Districts. At the first meeting in each newly organized school district there is elected a moderator for a term of three years, a director for a term of two years, and an assessor for a term of one year. By arranging in this way, the term of office of one expires each year and the length of each term is three years (1666). All school officers must be chosen by ballot to be legally

elected. This provision is mandatory and must HOW ELECTED. be observed (75 Mich. 113). All ballots cast

under statutory requirements are formal and final. There can be no such thing as an informal ballot. If on a first ballot a person receives a majority of all the votes cast, there is an election and the vote cannot be repeated (78 Mich. 635). Officers who were chosen unanimously (viva voce) at a regularly called meeting, and who have qualified and are acting, are officers de facto and the public interest demands that they shall not be disturbed (75 Mich. 143). School officers cannot be elected by a bare plurality vote.

In electing officers the district acts in its corporate capacity, and no corporate action can be

had without the concurrence of the majority (Atty. Gen., July 18, 1877). The moderator, director, and assessor shall constitute the

district board. Meetings of the board may be TRANSACTION

called by any member thereof, by serving on the other members a written notice of the time and

PLURALITY
VOTE DOES
NOT ELECT.

[graphic]

ANOTHER
FUND.

SCHOOL SITES.

14. To decide by a two-thirds vote of the tax-paying voters TRANSFER TO of the district, to use money for some purpose

other than that for which it was raised (4676). 15. To designate by a two-thirds vote of those present,

such number of sites as may be desired for school

houses (5114). 16. By a two-thirds vote, to establish a district library

(4756). 17. To vote to furnish free text-books to all the pupils of

the district (4775). 18. To vote to close school house against public meetings CLOSE SCHOOL (4678).

ESTABLISH
LIBRARY.

FURNISH
TEXT-BOOKS.

HOUSE.

QUESTIONS

Qualified Voters at District Meetings. The qualification of voters at school meetings is limited to citizens of the United States, and of the state, township and school district in which such citizens offer to vote. The legal qualification of voters at school meetings is a subject of much discussion and controversy, and we give below carefully prepared statements of the necessary qualifications: 1. On all questions which do not directly involve the rais

ing of money by a tax, all citizens, male or NOT INVOLV. female, who have resided in the district the three

months next preceding the school meeting, who are twenty-one years of age and are parents or legal guardians of children included in the school census, may vote (4662). 2. All citizens, male or female, who are twenty-one years

of age and are the owners of property assessed for school taxes, may vote on all questions at dis

trict meetings. 3. In township districts and in several cities organized by

special legislative enactment, the right to vote BARRED FROM is given only to those who are qualified voters

for township and city officers. The legal voters

OF MONEY.

PROPERTY
QUALIFICA-
TION.

WOMEN

VOTING.

for school officers at such district meetings, therefore, are only those who have the right to vote the entire township or city ticket (Act 176, 1891; 59 Mich. 165; 76 Mich. 1). Act No. 138, Public Acts of 1893, giving women the right to vote in all school, city and village elections, was declared unconstitutional by our supreme court.

GRADED DISTRICTS.

The powers and duties of voters in graded school districts are the same as those in primary districts, so far at such powers and duties are consistent with the law for the organization of graded districts. The following is taken from the first section of the act:

Any school district containing more than one hundred children between the ages of five and twenty years may, by a two-thirds vote of the qualified electors present at any annual or special meeting, organize as a graded school district: Provided, That the intention to take such vote shall be expressed in the notice of such annual or special meeting.

When such change in the organization of the district shall have been voted, the voters at such

annual or special meeting shall proceed immediately to elect by ballot from the qualified voters of the district, one trustee for the term of one year, two for the term of two years, and two for a term of three years, and annually thereafter a successor or successors to the trustee or trustees whose terms of office shall expire (5132).

ELECTION OF
TRUSTEES.

TOWNSHIP DISTRICTS.

These are subject to all the general laws of the state, so far as the same may be applicable, and the voters have all the powers and privileges conferred upon graded school districts (4823).

BY WHOM
CHALLENGED.

WHEN NOT
VOTING BY
BALLOT.

Challenging of Voters. When a person who is supposed to be unqualified to vote

on any question which shall come before the voters of a district meeting, offers to vote, his

vote may be challenged by any legal voter present; and it is the duty of the chairman to require such person to take his oath that he is legally qualified. If such person refuses to take the oath, his vote is rejected. A person who takes a false oath, is deemed guilty of prejury and may be tried and punished according to the law for such an offense. When any question is taken in any other manner than by

ballot, a challenge immediately after the vote has been taken shall be deemed to be made

when offering to vote, and treated in the same manner (4664).

Disorderly Conduct. If, at any district meeting, any person conduct himself in

a disorderly manner and, after notice from the moderator or person presiding, persists therein,

the moderator or person presiding may order him to withdraw from the meeting and, on his refusal, may order any constable or other persons to take him into custody until the meeting shall be adjourned. Any person who refuses to withdraw from such meeting on

being so ordered, and also any person who wilfully disturbs such meeting by rude and indecent

behavior, or by profane or indecent discourse, or in any other way makes a disturbance, shall, on conviction thereof, be punished by a fine not less than two nor more than fifty dollars, or by imprisonment in the county jail not exceeding thirty days; and any justice of the peace, recorder, or police justice of the township, ward, or city where such offense is committed, shall have jurisdiction to try and determine the sime (4665).

TREATMENT
OF OFFENDER.

REFUSAL TO
WITHDRAW.

CHAPTER V.

SCHOOL OFFICERS.

In Primary Districts. At the first meeting in each newly organized school district there is elected a moderator for a term of three years, a director for a term of two years, and an assessor for a term of one year. By arranging in this way, the term of office of one expires each year and the length of each term is three years (4666). All school officers must be chosen by ballot to be legally

elected. This provision is mandatory and must HOW ELECTED. be observed (75 Mich. 143). All ballots cast

under statutory requirements are formal and final. There can be no such thing as an informal ballot. If on a first ballot a person receives a majority of all the votes cast, there is an election and the vote cannot be repeated (78 Mich. 635). Officers who were chosen unanimously (viva voce) at a regularly called meeting, and who have qualified and are acting, are officers de facto and the public interest demands that they shall not be disturbed (75 Mich. 143). School officers cannot be elected by a bare plurality vote.

In electing officers the district acts in its corporate capacity, and no corporate action can be

had without the concurrence of the majority (Atty. Gen., July 18, 1877). The moderator, director, and assessor shall constitute the

district board. Meetings of the board may be called by any member thereof, by serving on the other members a written notice of the time and

PLURALITY
VOTE DOES
NOT ELECT.

TRANSACTION
OF BUSINESS.

« PreviousContinue »