170 Ind. 480 | Ind. | 1908
This is a proceeding in quo warranto commenced in the lower court in the name of the State of Indiana, on the relation of John S. Benham, to eject appellee from the office of county superintendent of Ripley
In order further to show the eligibility of the relator, the complaint alleges: “That on said date of his election as aforesaid, and ever since then, the relator was and has been the owner of a life license to teach in any of the schools of the State of Indiana, as required by an act entitled: ‘An act concerning county superintendents, their qualifications, their compensations, and their assistants,’ approved March 7, 1905 [Acts 1905, p. 492], wdiich life license so held and owned by the relator at the time of his said election had been issued to the relator by the Board of Trustees of the
‘Indiana State Normal School.
This certifies that John S. Benham, after having completed the course of instruction in this institution, has presented satisfactory evidence of having taught in the common schools two years, and having the ability to instruct and manage a school. This diploma therefore is conferred upon him, by the authority of the board of trustees, and the laws of the State of Indiana, which diploma shall be considered sufficient evidence of qualifications to teach in any of the schools of the State.
Indiana State Normal School, Terre Haute, Indiana.
June 28, 1895.’ ”
This document is also signed by the members of the faculty of the normal school. On June 18, 1907, the relator, after qualifying, demanded of the defendant (appellee herein), the then incumbent of said office, the possession thereof, together with all the books, moneys, papers, etc., pertaining and belonging thereto. This demand was refused. The prayer of the petition is that the relator be awarded damages, that the defendant be ousted from said office, and that the relator have possession thereof, together with all the books, papers, moneys, etc., and for all other and proper relief.
Two questions upon the facts alleged in the complaint are presented for our decision: (1) Was the relator, at the date of his alleged election, eligible to be elected to and to hold the office of county superintendent? (2) Was the election in controversy invalid by reason of the fact that the trustees voted viva voce, instead of by ballot, as prescribed by the statute? Section one of an act concerning county superintendents, their qualifications, etc., approved March 7, 1905 (Acts 1905, p. 492, §6378 Bums 1908), declares: “That no person shall be eligible to, or shall hold the office of, county superintendent unless he hold at the time of his election a thirty-six-months’ state license, a sixty-months’
Provisions similar to the ones just given were first enacted by the legislature in 1899 (Acts 1899, p. 240, §3, §5902 Burns 1901).
Section 6311 Burns 1908, Acts 1865, p. 3, §155, authorizes the granting by the State Board of Education of state certificates, each of which is considered a “life license.” This section in part reads as follows: “Said board [i. e. State Board of Education] may grant state certificates of qualification to such teachers as may, upon a thorough and critical examination, be found to possess eminent scholarship
' By section 153 of the act of 1865, supra (§4420 R. S. 1881), the State Board of Education was created. This latter section, as amended in 1875 and 1899, constitutes §5849 Burns 1901, Acts 1899, p. 426.
As the complaint does not show that the relator at the time of his alleged election held some one of the licenses required by §6378, supra, but held only the diploma therein set out, he must be held to have failed to establish his eligibility to be elected to and hold the office of county superintendent. Therefore, for this reason alone, the ruling’ of the court in sustaining the demurrer to the complaint was right.
Judgment affirmed.