People v. Kadletz
| Decision Date | 01 October 1917 |
| Citation | 30 Idaho 698,167 P. 1161 |
| Parties | THE PEOPLE OF THE STATE OF IDAHO, by JOHN E. REES, Prosecuting Attorney, Appellant, v. OLIVE KADLETZ, Respondent |
| Court | Idaho Supreme Court |
QUO WARRANTO-QUALIFICATIONS OF COUNTY SUPERINTENDENT OF PUBLIC INSTRUCTION-TEACHER'S CERTIFICATE.
1. When the law prescribes the qualifications necessary for a person to become eligible to the office of county superintendent of public instruction, and included among such qualifications is a requirement that a candidate for the office must be a holder of a state or state life certificate, a certificate is intended which at least meets the requirements specified in the law for state certificates.
2. The constitution of this state provides that the qualifications for the office of county superintendent of public instruction shall be fixed by law.
3. A certificate issued by the state board of education, good for two years and not valid in high schools, cannot be said to be a state certificate within the meaning of the statutes of this state.
4. A certificate issued by the county superintendent of public instruction in 1898, valid for three years in all schools of the state, must be held to be of a lower grade than a state certificate within the meaning of the law prescribing the qualifications of county superintendent of public instruction.
[As to quo warranto proceedings involving a public office, see note in 125 Am.St. 635]
APPEAL from the District Court of the Sixth Judicial District, for Lemhi County. Hon. F. J. Cowen, Judge.
Action in quo warranto. Judgment for defendant. Reversed.
Judgment reversed, with instructions. Costs awarded to appellant.
John E Rees and E. W. Whitcomb, for Appellant.
The legislature has no constitutional right to delegate its powers to the state board of education. The law is fundamental on this point. (6 R. C. L. 164, 165, and cases cited; 8 Cyc. 830-834, and cases therein cited.)
There is much reputable authority holding that Mrs. O'Brien was the duly elected official at the last election, even though receiving a minority vote, but the authorities are generally the other way in the United States. (15 Cyc. 391, C.)
L. E Glennon, for Respondent.
The statutes grant to the state board of education authority to issue teacher's certificate, and any misconception of the board as to the statute will not invalidate a certificate granted. The presumption of law is in favor of every official act, and every teacher's certificate granted by the state board of education is presumed to be a valid certificate. (16 Cyc. 1076, and cases cited.)
The board of education exercised the discretionary power vested in it by statute, and found the respondent entitled to the certificate issued to her. The action of the board in so doing is not subject to collateral attack. (School Dist. No 25 v. Stone, 14 Colo. App. 211, 59 P. 885; Kimball v. School Dist. No. 122, 23 Wash. 520, 63 P. 213; People v. Board of Aldermen, 18 Misc. 533, 42 N.Y.S. 545.)
This is a proceeding in quo warranto brought for the purpose of ousting the respondent from the office of county superintendent of public instruction for Lemhi county, which it is alleged she holds without authority of law and which she wrongfully and unlawfully withholds from one Clara Diggles O'Brien. It is stipulated that the respondent was elected at the regular election held in Lemhi county, November 7, 1916, and that she had all the necessary qualifications to hold the office of county superintendent of public instruction in this state, provided she held the teacher's certificate required by law.
The certificate held by the respondent reads as follows:
It is further admitted that the respondent has taught school for more than two years, one of which years was while holding the above certificate.
It is further stipulated that Clara Diggles O'Brien was a candidate for the office of county superintendent of public instruction at the same election, and received next to the highest number of votes. She held a first grade county certificate issued by the county superintendent of public instruction of Bingham county on September 1, 1898, which was good for three years from date. Under this certificate she taught for a period of three years. On the third day of March, 1913, she was granted a state certificate, under which last-mentioned certificate she taught for a period of four months.
The only question presented in this case is as to the necessary qualifications for nomination and election to the office of county superintendent of public instruction. Section 6 of art. 18 of the constitution provides that the salary and qualifications of county superintendent shall be fixed by law. Section 3 of chap. 115, Sess. Laws 1913, p. 436, provides:
" . . . Provided, that no person shall be eligible to the office of County Superintendent of Public Instruction unless he...
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People v. Burnham
...only where there are questions of fact raised. (Buckman v. State ex rel. Spencer, 34 Fla. 48, 15 So. 697, 24 L. R. A. 806; People v. Kadletz, 30 Idaho 698, 167 P. 1161.) Judgment in this case was rendered notwithstanding the verdict, which proceeding has been a recognized and regular course......