19 Nev. 222 | Nev. | 1885
By the Court,
This is a proceeding by quo warranto to determine whether the school trustees elected under the school law of 1885 (Stat. 1885, 111), or those elected under the amendatory law of 1873, are rightfully entitled to the office of school trustees of Genoa school district No. 2. The controversy arises upon the provisions of section 2 of the act of 1885. The section is a*s follows: “Sec. 2. An election for school trustees must be held in each district on the second Saturday of May of each year at the district school-house, if there be one; and if there be none, at a place to be designated by the board of trustees. First— The number of school trustees for any school district shall be three, except when the number of census children of the preceding year exceeds four hundred, then the board of trustees shall consist of five members. Second — In new school districts, or in case of vacancy for any cause in an old one, the school trustees shall be elected to hold office for one, two, and three years respectively, from the first day of September next succeeding their election. Third — Except as provided in subdivision second of this section, one trustee shall be elected annually to hold office for three years where there are three trustees, and for five years where there are five trustees, or until his successor shall be elected and qualified.” (Stat. 1885, 112.)
It is admitted that the provision which declares that the term