State v. Hatch

• Decision Date: 15 April 1909
• Citation: 72 A. 575,82 Conn. 122
• Court: Connecticut Supreme Court
• Parties: STATE ex rel. WALLEN v. HATCH.

72 A. 575

82 Conn. 122

STATE ex rel. WALLEN

v. HATCH.

Supreme Court of Errors of Connecticut.

April 15, 1909.

Appeal from Superior Court, Hartford County; Silas A. Robinson, Judge.

Information in the nature of quo warranto by the State, on the relation of August E. Wallen, against William L. Hatch, to determine defendant's title to the office of member of the school committee of the city of New Britain. From a judgment of ouster, rendered after sustaining a demurrer to the plea, defendant appeals. Affirmed.

Kirkham & Cooper, for appellant. F. L. Hungerford, for appellee.

RORABACK, J. In January, 1909, there being a vacancy in the school committee of the consolidated school district in the city of New Britain, the common council of this city elected the relator to fill the vacancy. Upon the following day the school committee elected the respondent to fill the same office. The school committee refused to recognize the relator as a member of their board, and recognized as a member of the committee the respondent, who assumed the position of a member of the school committee and, as the relator claims, usurped the office. This action is brought to try the title of the respondent to the office, and to determine whether the power to fill such a vacancy rests with the common council or the committee itself.

The relator claims that by an express provision of the charter of New Britain the power to fill vacancies in the school committee is vested in the common council. Section 11 of the Special Acts of 1905 (14 Sp. Laws, p. 922), consolidating the town and city government of New Britain, provides that: "After this takes effect, the town of New Britain shall elect no officers except its selectmen, town clerk, and constables, and except, also, such officers as are by law voted for at the biennial electors' meeting in November." Section 14 of the consolidating act provides that: "All vacancies in any of said offices shall be filled by the common council." It is further enacted in section 36 that: "Said city shall be a consolidated school district and it shall be in place of the town of New Britain in all the duties, obligations, and other matters required by law of or by the town concerning education, and it shall act in such matters instead of the town." The respondent contends that the school committee, by virtue of the charter and the Public Acts, has the power to fill vacancies in its number.

Section 37 of the charter, relied upon in part by the defendant to support his contention, provides: "There shall be a school committee of said city, with all the rights, duties, or powers concerning schools and educational matters now or hereafter vested in committees of consolidated school districts and selectmen of towns by the laws of this state." It is claimed that this latter provision, when read in connection with section 2218 of the General Statutes of 1902 (which provides that "the town school committee shall fill vacancies in their own number"), authorizes the school committee to fill all vacancies in that board. By framing the charter of the city of New Britain which went into effect in 1905, essential differences have arisen between the charter provisions and the general laws of the state (Revision of 1902). We have no need to inquire whether this special act affects officers other than school committees, or other rights, powers, and duties concerning school and educational matters of New Britain.

The question before us is whether this consolidation act deprived the school committee of the power of filling vacancies in that board, and...