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 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 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 WHEN NOT manner (4664). TREATMENT 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. WITHDRAW. Any person who refuses to withdraw from such meeting on being so ordered, and also any person who wilREFUSAL TO fully 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 same (4665). 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 All ballots cast HOW ELECTED. be observed (75 Mich. 143). 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). PLURALITY 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 TRANSACTION place of such meeting at least twenty-four hours before such meeting is to take place; and no act authorized to be done by the district board is valid, unless voted at a meeting of the board. A majority of the members of the board at a meeting is necessary for the transaction of business (4671). ELIGIBILITY TO DISTRICT OFFICES. Any qualified voter in a school district whose name appears upon the assessment roll, and is the owner in his own right of the property so assessed, shall be eligible to election or appointment to office in such school district, unless such person be an alien. (Act 184, Public Acts of 1899.) ACCEPTANCES. Within ten days after their election or appointment, the several officers of each school district shall file with the director written acceptances of the offices to which they have been respectively elected or appointed, and such acceptances are entered in the records of the district by said director (4670, 4737). In township districts the officers file acceptances within five days after being notified, and such notification is made within five days after election or appointment. VACANCIES. A district office may become vacant by: 1. Death of the incumbent. 2. Resignation. 3. Removal from office. 4. Removal from the district. 5. Conviction of any infamous crime. 6. Election or appointment being declared void by a competent tribunal. 7. Neglect to file acceptance of office, or to give or renew any official bond as required by law. Temporary absence of an officer does not create a vacancy in the office. If his family continues to reside in the district, he retains his residence. (Atty. Gen., Feb. 8, 1882.) TEMPORARY BY THE RE- FILLING OF VACANCIES. In case any one of the district offices becomes vacant, the two remaining officers shall immediately fill such vacancy, or in case two of the offices become vacant, the remaining officer shall immediately call a special meeting of the district to fill such vacancies. OFFICERS. BY BOARD OF In case any vacancy is not filled as herein provided within twenty days after it shall have occurred, or in case all the offices in a district shall become vacant, the board of school inspectors of the township to which the annual reports of such district are made shall fill such vacancies. Any person elected or appointed to fill a vacancy in a district office shall hold such office until the TIME OF HOLD- next succeeding annual meeting, at which time the voters of the district shall fill such office for ING OFFICE. the unexpired portion of the term (4668). In graded districts the trustees have power to fill any vacancy that may occur in their number, until the next annual meeting (4747). The same is true in case of a vacancy on the township board of edu VACANCY IN cation (4827). POWERS AND DUTIES OF DISTRICT BOARD. It is impossible to enumerate in detail all of the many duties which the officers of a district are called upon to perform. Below is given a summary of their most important duties, followed farther on by a similar summary of the powers and duties of each individual school officer: |