Whensection MM of the Political^Code provides that if a vacancy^occurs by death, resin-nation, failure^to elect at the proper time, removal^from the district, mi otiikh CAP^,^the county superintendent must ap^^point, then, as the county superin-^, tendent derives all his powers to fill^a vacancy from the statute, we must^! look to the statute to find what^Other cause will create a vacancy.^' We tod that the only statute on the^i|tiestion is section lltfl of the I'ollti-^'cal Code, which defines when a va-^. (cuncv occurs, and If that section.^1 '1 hat on the Bat day ol AWgmt, nWt, does not desi^rn!ite the creation^is'.lo, the ^ litoiH l.t it I. as County Super- 1 of additional offices as a vacancy.
thenthe appointment of the county^superintendent is a nullity and void.^Section IMS does not mention, as a^i cause of vacancy, the creation of an^i additional number of offices.
DECISIONIN FULL.^Jndjfc Unitize s Decision in the School Case.
Asstated last week the court has^linally settled the school district^dispute declnrinn the action of Supt.^Moultoti in appointing^tlonal trustees invalid^is the text of the decision:
Inthe district court of the Tenth^judicial district of the state of Mon^^tana in and for the county of Ker-
JffUS.
S.H. Sherwood, W. H. Culver and^W. E. Cort. plaintiffs, vs. II. A.^Moulton, ns county suiH^rintemlent^of public schools of Fergus county.^Montana, ffefemlant.
ThisIs an action to (letermine the^legality ^^f tin' appointment, by the^defendant as County Superintendent^of Public Schools of Kerens County.^Montana, of four additional trustee*^for School District No. 1. of said^couuty.
Itis submitted to the court upon^an agreed statement of facts, l'roin^the state the following' facts appear,^which it is necessary for the Court to^state, for a proper understanding- of^the opinion:
1.That the defendant was, on the^21st day of August, I8H, and now is^the duly elected, qualified and acting^superintendent of public schools of^Fergus county. Montana.
