106 Tenn. 394 | Tenn. | 1901
This suit involves the proper construction of Chapter 218 of the Acts of 1899.
■“AN ACT to provide for the election of School Directors in the various school districts in the State of Tennessee where tbe school districts are not coextensive with the civil districts.
“SectioN 1. Be it enacted by the General Assembly of the: State of Tennessee, That it shall be the duty of the Commissioners or other officers of election in the various counties of' this State, to open and hold elections in the various school districts in this State on the fourth Saturday in May, 1900, and biennially thereafter, for the purpose of electing three School Directors for each school district; Provided, That this Act shall not apply to any county in this State where school districts and civil districts are coextensive, or may hereafter be made so: Provided, That this Act shall not apply to incorporated towns which have a school system of their own; Provided, That this Act shall also include districts composed of portions of different counties.
“Sec. 2. Be it further enacted, That said 'election shall be held and governed by and under the laws now governing general elections, except that these elections shall be held at the school-
“Sec. 3. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it.”
The Chancellor held the „ Act to be constitutional, but his, decree was reversed by the Court of Chancery Appeals, which pronounced the Act unconstitutional, and the relators have appealed to this Court and assigned errors.
The substance of the holding of the Court of Chancery Appeals is, that the Act is obnoxious' to Section 1Y, Article 2, of the Constitution in that it embraces more than one subject, and that subject is not definitely expressed in the title; - and also obnoxious to Section 5, Article Y, in that it provides for an election of civil officers at a different date from the first Thursday in August; that School Directors are civil officers in the sense of that section, and that their terms are fixed by that provision of the Constitution.
It appears' that Cafo, Burkhalter, and Cato, Jr., were elected School Directors for .the Twenty-third School District of Davidson County on the fourth Saturday in May, 1900, and the effect of the holding of the Court of Chancery Appeals is that
Davidson County is divided into twenty-five civil districts and twenty-nine, school districts;' fourteen of the school districts are co-extensive with the civil districts, and ten of the remaining civil districts embrace the remaining fifteen school districts, and the school districts are so divided that they do not correspond with the civil districts; but the twenty-third civil district is co-extensive in territorial limits with the twenty-third school district. Banks, Walton, and Andrews claim to be the legal School Directors of the district, authorized to perform the duties of the same under an election held in August of a previous year. The Court of Chancery Appeals was of opinion that the title of the Act provides for the election of School Directors in the various . (meaning all) school districts in the State when the school districts are not coextensive with the civil districts, and the body of the Act provides for opening and holding elections in all the school districts in the State on the fourth Saturday in May, 1900, and biennially thereafter with a provision which excepts counties where school and civil districts are coextensive, or may thereafter be made so.
The Court of Chancery Appeals was of opinion that this provision applies to counties alone where
The Court says this would lead to the anomalous and perplexing necessity of electing part of' the school directors in Hay and part in August, a result which that Court says has led to great ■confusion, dissension, bickering, bitterness, strife, and litigation among and between school directors, teachers, pupils, and patrons of the public' schools, to the great detriment of the school system and of the general public.
That Court further held that School Directors were civil officers within the meaning of Section 5, Article 7, of the Constitution, and the time for 'their election is, therefore, fixed by the Constitution for the first Thursday in August, and this time for election cannot be fixed for a different date by legislative enactment.
“Kjtoxvi-llb, Eebruary 2, 1900.
“Hon. M. O. Fitzpatrick, Nashville, Tennessee:
“Deae Sie — Replying to your letter of recent date, requesting my opinion .upon certain matters relating to the election of District School Directors. Prior to Chapter 218, Acts 1899, it seems that all elections of School Directors were had at the regular August election, and at -the" regular voting places in the several districts. This
“I am of the opinion that the Act applies to any school district in any county which is not coextensive with the civil district, although there may be other school districts in that county which do correspond with the civil districts. School Directors elected under the Act of 1899 are required to enter upon their duties within thirty days of their election, just as those elected under former Acts are required to' do.
“Yours very truly,
“G-. W. Pickle, Attorney-general.”
It is stated that this construction of the Act has been conceded to be • correct, and followed in all the counties and school districts in the State except in Davidson County. Whether this be true or not, we are satisfied it is the correct view and construction of .the Act.
The only ambiguity that arises is in the use of the word “county” ■ in the proviso, . and the position in which it is placed, but we are convinced that the true meaning of the Act is as if it read: “Provided, That this Act shall not ' apply in any school district in any county of the State when the school district is coextensive with the civil district,” etc. In other words, the •Act deals with school districts as entities, and in