point county officers is not on the ground that there is a vacancy, for in that case the Governor has authority by the Constitution to appoint, and whether the appointee shall continue in office until the next or second general election after the vacancy depends upon there being three months or less between the happening of the vacancy and the next election. Under the new county act, the Governor appoints the county officers until the election following, however short the period between the erection of the county and the election. This proves that the Legislature did not consider the appointing of the officers the filling of a vacancy, and it was not, for these were county officers in Luzerne whose jurisdiction extended to the utmost limits of the county of Lackawanna. But the act provides for new officers in the new county, as there must necessarily be, for a county cannot be managed without county officers. The organization of a county implies county officers, and the business of a county cannot be transacted without them. And the act for the erection of new counties provides for their immediate appointment, and the constitution provides for county officers, and designates of whom they shall consist. It But a County Superintendent is not one of them. That office is not provided for in the constitution. is created by act of Assembly and is not a county office. In the act for the division of counties, and the erection of new counties therefrom, the office of County Superintendent is not referred to. But the territory from which the county of Lackawanna was taken was part of the county when a superintendent was elected and commissioned, whose term has not yet expired, and he must be paid his salary to the end of his term. He can act without regard to county lines, which a county officer cannot do. There is no legal prohibition against his continuing to the end of his term, and the Legislature has not attempted to dis. place him. For these reasons, I am unable to see that the erection of a new county carries with it, as an incident, the necessity and power to circumscribe the powers and duties, as it cannot diminish the emoluments of a County Superintendent during the term for which he shall have been elected. He has not attempted to divest himself of any of his duties, and he could not do so if he desired. He cannot resign a portion of his duties, or for a portion of the territory, and no attempt has been made directly to circumscribe his powers and duties by legislation. All these views apply to the present incumbent and the condition of things in Lackawanna county, as well with regard to an election by the convention of school directors as an appointment by you. But it is probably enough at present to state that no action on your part is required. You can appoint only in case of a vacancy. The superintendent elected by the school directors is living, has not resigned, no attempt has been made directly to legislate him out of office, and the erection of a new county is not inconsistent with the performance of his duties for all the schools and over the whole territory for which he was elected. There is, therefore, no vacancy in the office, and consequently no occasion has arisen for the exercise of the appointing power. If you should make an appointment, your appointee would immediately come into collision with an officer selected by school directors who were themselves elected partly to perform that duty, and a conflict of jurisdiction between officers assuming the right to perform the same duties would be the result. In addition to the reasons given, the precedents are against the power to appoint. When Snyder county was erected, the Superintendent continued to act to the end of his term over the whole territory for which he had been elected. In the case of Cameron county, a special act was passed authorizing the election of a Superintendent. In neither case was the erection of the new county treated as creating a vacancy to be filled by appointment. If that were the case under the old constitution, it continues a fortiori under the present. No special law can now be passed to provide for a particular case, although a general law providing for all similar cases happening in the future may be enacted. Very respectfully, your obedient GEORGE LEAR, Attorney General. servant. 2318 Mamie A. Palmer.. 2338 Thos. Demma Ridgway RESIDENCE. Lander, Warren Co. 66 66 Corry, Erie Co. Tamanend, Girardville, 66 66 66 Foxburg, Clarion Co. " Scottdale " 66 Recent Adoptions of Dr. Brooks's Arithmetics. New York City, upon unanimous recommendation. New Jersey State Normal School. Massachusetts State Normal School, Westfield. West Chester State Normal School, Pa. Missouri State Normal School, Cloucester County, New Jersey. etc., etc,, etc., etc. Send for Circulars, terms, etc. Dr. BROOKS'S UNRIVALED ARITHMETICS. In Two Courses. Send for Descriptive Circular. THE UNION SHORTER COURSE, in two books, combining Mental and Written. THE STANDARD NORMAL COURSE (new edition) in four books, not combining Mental and Written. These two courses are both new. They contain much fresh matter of a practical and business character, not to be fonnd in other American Books. Int. Ex. Brooks's Higher Arithmetic (new,) .85. 63 Brooks's Normal Algebra, Int Ex. .84. .63 Brooks's Philosophy of Arithmetic, $2.25. $1.75 | Brooks's Geometry & Trigonometry, .84. .63 Wanted: A Responsible Teacher In Every County in Pennsylvania at the County Teachers' Institute to sell and take subscriptions for Dr. Brooks's Philosophy of Arithmetic, Prof. Montgomery's Industrial Drawing, Westlake's How to Write Letters, and Literature, ADDRESS WITH REFERENCES, PROF. MONTGOMERY'S Normal Union System of Industrial Drawing. IN ONE SERIES. Numbers 1 to 8.-Primary Exercises, comprising the Alphabet of simple plane form of straight and curved outlines, are now ready. ADVANTAGES.-1. It can be taught by any teacher. 2. It teaches form, form elements, and form composition from them. 3. It teaches one form at a time with its power in composition and its uses. 4. It educates the mind, cultivates the eye, and trains the hand, to a knowledge of form. 5. The exercises are systematically varied. 6. 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Classes will organize in Botany, Geol. ogy, Physiology, Rhetoric, Butler's Analogy, Geometry, Latin Reader, Cæsar, Cicero, French, and, the usual publicschool branches. Class instruction in Drawing and Vocal Music without extra charge. The Institute has long been established, and is well organThe Culinary department is unsurpassed by that of any similar institution. A separate room for each student, if desired. Total expense for Board, Tuition, etc., $5.00 per week. For catalogue and information address Ridpath's Histories of the United States.-ized. Forbriger's Patent Drawing Tablets. —A IMPORTANT ANNOUNCEMENT. In compliance with a demand for separate Histories of the 1 Thalheimer's History Sample Copy Price, of Early Eastern Monarchies, 8 65 2. Thalheimer's History of Greece. 8 65 3, Thalheimer's History of Rome, 8 65 The First embraces the Pre-classical Period and that of Persian Ascendency. 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M., Principal, Bayard Taylor His Life, Travels and Literary Career. AGENTS WANTED. Secure territory at once. QUAKER CITY PUB. HOUSE, 723 Sansom St., Phila. 4 Missing Numbers of The School Journal will always be re-mailed to Subscribers, if they will send us Posta Card when any issue fails to reach them through the Post Office. To Agents: $2000 to $5000 Annually. An opportunity unexcelled is offered to first-class men as District Agents for an Association that has originated a new and popular plan of Life Insurance, It provides the benefits of Life Insurance at half the usual cost. It gives members a Bonded Trustee, and three Directors in each county, It is absolutely proof against fraud or dishonesty, with capital and security unlimited for the payment of death losses. Address L. G. FOUSE, P. O. Box 1818, Phila,, Pa. BUCKEYE BELL FOUNDRY Established in 1837. 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THE undersigned, having purchased the several interests of all the other members of the East Lewisburg Lumber and Manufacturing Co., have provided themselves with largely increased facilities and improved machinery for the manufacture of School, Office, and Church Furniture. All parties wanting anything in our line are respectfully invited to correspond with us and examine our work and prices. Our new and fully Illustrated Catalogue will be ready about the Ist of May. Address NESBIT BROTHERS, LEWISBURG, PA. N. B.-All guarantees heretofore given by the former Company will be promptly honored by the new firm. |