mission the person so elected, for the term of three years.5 Contested elections.

689 The act further provides that if objections to issuing such a commission be made within thirty days, and such objections be signed, among others, by a majority of the members of not less than one-fifth of all the school boards in the county, from which such objections are received, and certified to, under oath or affirmation, by at least three of the signers, the superintendent of common schools may require such evidence, under oath or affirmation, in regard to the legality of the election and the qualifications of the person, elected county superintendent, as he shall deem necessary, and then shall issue the commission to the person properly qualified, who received the greatest number of votes; and the superintendent of common schools, when engaged in the investigations of objections, filed against the issuing of commissions to county superintendents, shall have power to issue subpoenas, and administer oaths, and any person, refusing or neglecting to attend and give evidence at such investigation, when legally subpoenaed, shall be liable to the same fines and penalties, as if he had refused to appear and give evidence in a court of record, and the costs to be paid by the party subpoenaing the witnesses."

To what objections must be made.

690. The objections must either relate to the legality and validity of the election, or to the qualifications of the candidate. Objections grounded on the disqualification of the person selected, are 1, want of residence; 2, want of moral character; 3, want of physical ability to discharge the duties of the office; 4, want of learning, and, 5, want of professional skill."

Salary of county superintendents.

691. The salary of each county superintendent of common schools shall be ten dollars for each of the first one

hundred schools within his jurisdiction, five dollars for each school above one hundred and not over two hundred, and two dollars each for each school above two hundred : Provided, That the salary of a county superintendent shall in no case be less than one thousand dollars per annum, nor more than two thousand dollars per annum : And provided further, That in all counties having twelve hundred square miles of territory, or a school term exceeding seven and one-half months, the salaries of said superintendents shall not be less than fifteen hundred dollars: Aud provided further, That a convention of school directors, assembled for the purpose of electing a county superintendent, may vote him a salary greater than the amout he would receive by this act, such increase to be in all cases taken out of the school fund appropriated for the county thus voting.8

How paid.

692. The salary of the county superintendent shall be paid by the superintendent of common schools, by his warrant drawn upon the state treasurer, in half-yearly installments if desired.9

Vacancies. How filled.

693. All the vacancies in the office of county superintendent shall be filled by the appointment of the superintendent of common schools, until the next triennial convention of directors; when any existing vacancies shall be filled by election in the usual manner, for the full term of three years."

10

Qualifications of county superintendent.

694. No person shall hereafter be eligible to the office. of county, city or borough supertendent, in any county of this Commonwealth, who does not possess a diploma from a college, legally empowered to grant literary degrees; a diploma or state certificate, issued, according to law, by the authorities of a state normal school; a professional certifi

8. Act May 17, 1901, P. L. 262.

9. Act May 8, 1854, Sec. 39, P. L. 617. IO. Act May 8, 1854, Sec. 4, P. L. 617

cate from a county, city or borough superintendent of good standing, issued at least one year prior to the election, or a certificate of competency from the state superintendent of common schools; nor shall such person be eligible, unless he has a sound moral character, and has had successful experience in teaching, within three years of the time of his election."

Test of qualification.

695. The same act further provides, that serving as county, city or borough superintendent, shall be deemed a sufficient test of qualification; and the president and secretary of each convention of school directors, held in any county, city or borough, to elect a county, city or borough superintendent, when certifying to the superintendent of common schools, the name and address of the person elected county, city or borough superintendent, shall, at the same time, state the kind and character of the evidence, upon which said convention relied, for proof of the eligibility of the person so elected; and the said superintendent of common schools, if, upon the examination of the evidence presented, it shall prove to be such as is required by this act, and no objection made, in accordance with Section 4 of the act, approved April 17, Anno Domini 1865, shall issue a commission to the person elected as aforesaid, as now required by law; but if, upon examination of said evidence of competency it shall not prove to be such as is required by this act, or if objection be made, in accordance with said section of the act, approved April 17, Anno Domini 1865, the said superintendent of common schools shall appoint two competent persons, himself being the third, to examine the person so elected county, city or borough superintendent, and if, upon examination, he be found duly qualified for the office, the said superintendent of common schools shall issue to him the usual commission; but if not, the said superintendent of common schools shall proceed, in like manner, in respect to the person receiving the next highest number of votes in the convention of directors, who, if

found qualified, shall receive the commission aforesaid, as county, city or borough superintendent; but if his qualifications are also found insufficient, the said superintendent of common schools shall appoint, with the advice and consent of the governor of the Commonwealth, some other person, with the required qualifications, county, city or borough superintendent for the ensuing term of such office.12 Serving as county, city or borough superintendent not an absolute test.

696. In this case A. was duly elected, commissioned and served as the county superintendent of schools of Wayne county, and borough superintendent of common schools for Hyde Park in Lackawanna County; that being thus qualified he was on June 29, 1878, elected city superintendent of common schools of the city of Scranton, for the term of three years. A return of said election was made to Wickersham, superintendent of public instruction, whose duty it became, within thirty days, to issue a commission to A. provided no objections had been received or made. In this case objections were filed to the issuing of the commission, signed by eight citizens and taxpayers of the city of Scranton, alleging that A. did not possess the literary and scientific requirements demanded by the common school law of the state and that he did not possess a sound moral character, such as is contemplated in the act of assembly and as is imperatively demanded by public opinion and the high officer in question.

The superintendent of public instruction then proceeded under Section 13 of the act of April 9, 1867, P. L. 51, "to appoint two competent persons, himself the third, to examine the person so elected county, city or borough superintendent." After an examination the committee reported that they believed that A. did not possess the literary qualifications specified by law, and which are required for the successful discharge of the duties of the office to which he has been elected. No commission was issued and on appeal, the Supreme Court said that it is clear that it is

only where no objections are interposed, that serving as county, city or borough superintendent of public schools shall be deemed a sufficient test of qualification. Such service may have shown that the candidate was entirely disqualified.13

Superintendent of public instruction required to issue a commis

sion to teachers who hold a professional certificate, when elected as county, city or borough superintendent.

697. In reply to an application by the superintendent of public instruction for advice in issuing commissions to teachers elected as superintendents, Attorney-General Hensel said: "I am in receipt of your communication of May 27, inquiring whether you can legally withhold the commission from the duly elected superintendent of schools in Shenandoah borough, who holds a professional certificate, because certain branches taught in the schools of that borough are not included among those upon his certificate; and whether the law requires of any superintendent of schools qualifications beyond those expressed in a valid professional certificate.

Section 13 of the act of April 9, 1867, provides that 'No person shall hereafter be eligible to the office of county, city or borough superintendent, in any county of this Commonwealth, who does not possess a diploma from a college legally empowered to grant literary degrees, a diploma or state certificate issued according to law by the authorities of a state normal school, or professional certificate from a county, city or borough superintendent of good standing.'...... 'Nor shall such person be eligible unless he has a sound moral character, and has had successful experience in teaching within three years of the time of his election.' Your communication states that, in the case to which it relates, the election was due and legal; that the person elected holds a professional certificate which, I assume, has been duly issued, and it is to be presumed that he has a sound moral character, and has had successful experience in teaching within three years of the time of his election. These fill the full measure of the legal require13. Commonwealth vs. Wickersham, 90 Pa. 311, 1879.