Where an appointment is during pleasure, or the power of removal is entirely discretionary, there the will of the appointing or removing power is without control, and no reason can be asked for, nor is it necessary that any cause should be assigned. But that is not the rule when the appointment is either during good behavior for a limited or unlimited period, or where the removal can only be for certain specified causes. In this case it is acknowledged that there was no charge or specification-no notice, no hearing, no evidence produced, nor any opportunity given to the county superintendent to defend himself. All these were necessary before a removal could take place, and this appears to have been the construction originally placed by the state superintendent, upon the section of the Act of 1854, vesting the power of removal for specified causes in him. The county superintendent of Schuylkill County was, therefore, removed contrary to law; and as the appointment of a successor was consequently void, A. is now and always has been, since he was last commissioned by the superintendent of public instruction, entitled to the office, and to all its rights and emoluments." 35 Duty of county superintendent to call together all the directors for certain purposes. 716. It shall be the duty of each county superintendent of schools to call together, during the school year beginning June, one thousand nine hundred and five, and annually thereafter, at the county seat, or some other suitable place in the county, all the school directors of the county, for the consideration and discussion of questions pertaining to school administration.36 35. Field vs. Commonwealth, 32 Pa. 478, 1859. 36. Act April 10, 1905, Sec. 1, P. L. 139. SUPERINTENDENT OF PUBLIC INSTRUCTION. 717. State superintendent of common schools to be appointed. Creation of office........ 718. Superintendent of public instruction...... 719. Title and term of office. Pennsylvania Constitution................. 720. Vacancies......... 721. Filling vacancy in office of superintendent of public instruction......... PAGE 355 355 356 356 356 722. Security. Powers and duties..... 723. To settle controversies.......... 357 724. Duty to give information relative to schools laws. 357 725. Superintendent to sign orders for state appropriation. 726. Duty to prepare and forward blank forms....... 357 ... 357 727. Annual report to the legislature................. 728. Duty to provide a seal and appoint clerks........ 358 358 358 358 359 732. Errors....... 359 733. Superintedent to employ lecturers and instructors at summer assemblies........... 359 359 734. Superintendent authorized to employ stenographer. Salary... 360 735. Certain documents to be placed in each public school...... 360 736. Copies for distribution........ 360 .... State superintendent of common schools to be appointed. Creation of office. 717. That from and after the first Monday in June, Anno Domini one thousand eight hundred and fifty-seven, the department of common schools shall be detached and remain separate from the office of the secretary of the Commonwealth, and a superintendent of common schools shall be appointed by the governor every third year, by and with the advice and consent of the senate, and shall hold his office from the first Monday of June, for and during the term of three years, if he shall so long behave himself well, and he shall be liable to be removed from office by the governor for misbehavior or misconduct at any time during his term.' Superintendent of public instruction. 718. The superintendent of public instruction shall exercise all the powers and perform all the duties of the superintendent of common schools, subject to such changes as shall be made by law." Title and term of office. Pennsylvania Constitution. 719. Section 8 of Article IV. Constitution of 1874, changes the title "superintendent of public schools" to "superintendent of public instruction," and makes his term of office four years. The superintendent of public instruction is appointed by the governor, with the advice and consent of two-thirds. of all the members of the senate, for the term of four years. Vacancies. 720. Any vacancy that may occur in said office of superintendent shall be supplied by a new appointment for the unexpired term of the former incumbent : Provided, That in the event of any such removal, the governor shall at the time communicate his reasons therefor in writing, to the superintendent thus displaced, and also to the senate, if in session, and if not, within ten days after their next meeting.3 Filling vacancy in the office of superintendent of public instruction. 721. A vacancy having occurred in the office of superintendent of public instruction, by the death of the incumbent during the recess of the senate, the governor appointed the defendant to said office, and commissioned him to hold it until the end of the next session of the senate, if he should so long behave himself well. At said session, on January 6, 1891, the governor nominated the defendant to the senate for a term of four years, to be computed from March 1, 1890, the date at which he took possession of the office. The senate confirmed the appointment on January 20, 1891. In the meantime the governor's successor had been inaugurated: Under Section 8, Article IV. of the constitution, the confirmation by the senate extended the defendant's original appointment, and entitled him to hold the office for the unexpired portion of the vacancy, although the succeeding 2. Article IV. Sec. 20, Pennsylvania Constitution of 1874. governor refused to commission him therefor, and after the senate's adjournment, commissioned another person.4 Security. Powers and duties. 722. The superintendent of common schools, and his successors in office, appointed under this act, shall furnish the same security, exercise the same functions and be charged with the same duties and responsibilities that are now by law required of and devolved upon the superindent of common schools.5 To settle controversies. 723. The superintendent of public instruction shall decide without appeal and without cost to the parties, all controversies or disputes that may arise or exist among the directors or controllers of any district, between directors or controllers of adjoining districts, or between collectors or treasurers, and directors or controllers, concerning the duties of their respective offices; the facts of which controversies or disputes shall be made known to him by written statements, by the parties thereto, acting in their official capacities, verified by oath or affirmation if required, and accompanied by certified copies of all necessary minutes, contracts, orders or other documents.7 Duty to give information relative to school laws. 724. He shall, whenever required, give advice, explanation, construction, or information to the district officers, and to citizens, relative to the common school law, the duties of common school officers, the rights and duties of parents, guardians, pupils and all others, the management of the schools, and all other questions and matters calculated to promote the cause of education 8 Superintendent to sign orders for state appropriation. 725. He shall sign all orders on the state treasurer for the payment of such moneys to the treasurers of the several 4. Commonwealth vs. D. J. Waller, Jr., 145 Pa. 235, 1892. 5. Act April 18, 1857, Sec. 3, P. L. 263. 6. The superintendent of common schools has no authority to decide a question of a contested election. Mershon vs. Baldridge, 7 Watts school districts as they may be entitled to receive from the state, and for all other moneys to be paid out of the appropriation to common schools made by this act.9 Duty to prepare and forward blank forms. 726. He shall prepare blank forms for the annual distict reports, with suitable instructions and forms for conducting the various proceedings and details of the system in a uniform and efficient manner and forward the same to the county superintendents, who shall distribute them to and among the proper district officers of their respective counties.1o Annual report to the legislature. 727. He shall prepare and submit to the legislature, an annual report, containing a full account of the condition of the common schools in the state, the expenditure of the system during the year, estimates of the sums requisite for the ensuing year, the whole number of pupils, the cost of teaching each, the number of districts, plans for the improvement of the system, and all such matters relating to the concerns of common schools, and to the duties of his office, as he may deem it expedient to communicate."1 Duty to provide a seal and appoint clerks. 728. He shall provide a seal, with suitable device, for the use of the Department of Common Schools, by which copies of papers deposited or filed therein, and all official acts and decisions, may be authenticated under said seal; and when so authenticated, shall be evidence equally and in like manner as the originals; he may also designate and appoint one of the clerks employed by him to be his general deputy, who may perform all his duties of superintendent of common schools in case of his absence or a vacancy in his office. 12 12 Power to remove county superintendents. 729. He shall have the power of removing any county superintendent for neglect of duty, incompetency, or im |