150 Ky. 686 | Ky. Ct. App. | 1912
Opinion op the Court by
Affirming.
On June 20, 1912, plaintiffs, William Owens and Harvey Owens, brought this action against Mann Campbell and others, composing the Educational Division Board No. 2 in Perry County, Kentucky, to compel them to elect plaintiff, William Owens, a teacher for Dwarf school in subdistrict No. 6, for the school term 1912-13, and to compel the chairman and secretary of the Educational Division Board to execute the necessary contract. The trial court granted plaintiffs the relief prayed for, and defendants appeal.
Harvey Owens is a trustee in subdistrict .No. 6, of Educational Division Board No. 2. William Owens is his son, and holds a teacher’s certificate of the first class. On June 15, 1912, the day appointed for the election of teachers, Harvey Owens and the defendants, composing Educational Division Board No. 2, met, after being duly notified by the chairman, for the purpose of employing teachers for the 13 subdistricts in said educational division. After various teachers had been elected for the schools in their subdictricts, Harvey Owens nominated and recommended in writing to the Division Board 'plaintiff, William Owens, as a suitable teacher for the Dwarf School in subdistrict No. 6. At the same time he filed with the board the teacher’s certificate held by plaintiff, William Owens. No objection nor remonstrances nor petitions were made against the election of William Owens, so none were
Subsequently the chairman of the Division Board called a meeting for June 29, 1912. Eight members of the Educational Division Board were present. Plaintiff, Harvey Owens, did not attend. Thereupon the secretary of the board nominated Jasper Hurt for teacher. Hurt received seven votes, or more than a majority of' the votes of the Educational Division. Thereupon the chairman declared him elected, and the contract between him and the board was drawn up and signed. At the time Jasper Hurt was elected his was the only application before the.board.
Section 5, Chapter 25, Acts 1912, provides as follows:
“It shall be the duty of the subdistrict trustee to nominate and 'recommend in writing to the Division Board one or more teachers for each school in his sub-district, and with said nomination and recommendation he shall convey the teacher’s credentials and any objections, remonstrances or petitions that may be offered in writing, to the election of said teacher or teachers, and the board shall elect for each subdistrict a teacher or teachers nominated by the trustee thereof, when such teacher possesses the necessary qualifications and no reasonable objection is offered.
“Should the Division Board reject any nomination or should any trustee fail to nominate for his subdistrict, the chairman of the Division Board shall immediately notify such subdistriet trustee and request further nominations. The Division Board in each educational division shall meet for the consideration of applications- and the election of teachers on the first Saturday of June of each year.”
Judgment affirmed.