Hoskins v. Ramsey

• Decision Date: 30 January 1923
• Citation: 247 S.W. 371,197 Ky. 465
• Parties: HOSKINS ET AL. v. RAMSEY ET AL.
• Court: Kentucky Court of Appeals

247 S.W. 371

197 Ky. 465

HOSKINS ET AL. v. RAMSEY ET AL.

Court of Appeals of Kentucky.

January 30, 1923

Action by H. M. Hoskins and others against Wm. Ramsey and others. On motion of plaintiffs to dissolve the injunction granted against them and to reinstate the temporary injunction, and on motion of defendants for permanent injunction against plaintiffs. Motion of plaintiffs overruled, and injunction granted on motion of defendants.

Roscoe Vanover and W. W. Reynolds, both of Pikeville, for plaintiffs.

Stratton & Stephenson, of Pikeville (Martin Kelly, of Frankfort amicus curiæ), for defendants.

SAMPSON C.J.

Plaintiffs Hoskins and others, claim to be three of the regularly qualified and constituted members of the board of education of Pikeville public schools, which district included not only the city, but additional territory lyng beyond the corporate limits; while the defendants, Ramsey, etc., deny plaintiffs' claim and assert defendants were elected in November, 1922, and have since qualified, and say that defendants are three of the members of said board having taken the places of the plaintiffs, Hoskins and others, whose terms expired December 31, 1922. By section 3587a9, Kentucky Statutes, it is provided that--

"At the election occurring in the month of November, 1920, a new board of education, consisting of six members, shall be elected as herein provided, and such board shall, after having qualified by taking the oath prescribed by law, assume office on the first Monday in January, 1921. * * * Within one week after the organization of said board, it shall meet to divide its members by lot in such manner as they shall determine, into two classes, as follows: the first class consisting of three members, shall hold office through the 31st day of December, 1922, and the second class, through the 31st day of December, 1924. At the election every two years thereafter an election shall be held to fill the term of the members of the board of education whose term will expire on December 31st following, and the members so chosen shall hold office for four years, or until their successors are elected and qualified."

The three plaintiffs, Hoskins and others, were elected in November, 1920, and took office January 1, 1921, for a term of two years each, having drawn the short terms. By the provisions of the statutes above quoted their successors were required to be elected in November, 1922, as the terms of office of Hoskins and others expired on December 31, 1922. At that election it appears that Hoskins and others, as well as defendants, Ramsey, etc., were all candidates, but the latter, receiving the greater number of votes, were declared elected members of said board in place of the plaintiffs Hoskins and others; but Hoskins and others declined to surrender their offices and to turn over to defendants, Ramsey, etc., the books and records belonging to the said office, although defendants, Ramsey, etc., had, under their certificate of election duly qualified as members of the board and were attempting to get possession of the office and to exercise the duties thereof.

It is the contention of plaintiffs, Hoskins and others, that members of the board of education of fourth-class cities or other municipalities could not, under section 148 of our Constitution, be elected in November, 1922, because at said regular election a member of Congress was chosen and the attempted election of the defendants, Ramsey, etc., was void and of no effect, and their attempted qualification a nullity. That part of the constitutional provision upon which plaintiffs rely for the disqualification of defendants reads:

"All elections of state, county, city, town or district officers shall be held on the first Tuesday after the first Monday in November; but no officer of any city, town, or county, or of any subdivision thereof, except members of municipal legislative boards, shall be elected in the same year in which members of the House of Representatives of the United States are elected. District or state officers,

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