Marvin Mandel, Governor                       2151

not a civil officer because he could exercise the power of the board
only as a member thereof and not as an individual, we think the
reasoning should not be extended so as to apply to the meaning
of the term 'office of profit, created by the Constitution or Laws
of this State', as used in Article 35 of the Declaration of Rights,
which is the constitutional provision with which we are here con-
cerned. And, insofar as Clark v. Harford Agricultural and Breed-
ers' Association, 118 Md. 608, 85 Atl. 503 (1912), followed and
applied the reasoning in the Goldsborough case, in determining
the meaning of 'office of profit' as used in Article 35, supra, we
think Clark was wrongly decided, and we decline to follow it."

The Court of Appeals did not expressly overrule Goldsborough,
but it did refuse to extend the definition of "civil officer" as used in
Article II, Section 15 of the State Constitution to the term "office of
profit" in Article 35 of the Declaration of Rights. Prior to Westphal,
the term "civil office" seemed to be synonymous with "public office".
Nesbitt v. Fallon, 203 Md. 534, 544 (1954). However, Westphal
equated "public officer" with "office of profit", 232 Md. at 339, but
still distinguished these terms from "civil officer" as used in Golds-
borough. We feel that the Westphal decision reflects a strong inclina-
tion by the Court to restrict Goldsborough to the narrow issue then
before it, especially since a county school board, like the Metropolitan
Commission, also exercises extensive sovereign powers. Subject to
the bylaws and policies of the State Board of Education, county school
boards are empowered to receive and hold property, determine educa-
tional policies, control and supervise the public school system, pur-
chase school sites, condemn land, appoint principals and teachers,
propose and submit budgets and create school districts. Article 77,
Sections 49-75.

Accordingly, we believe that the Court of Appeals would simi-
larly refuse to extend the Goldsborough definition of "civil officer" to
the term "county officer" as used in Article XVII, Section 3 of the
State Constitution. We are constrained to conclude, therefore, that
elected members of the Montgomery County School Board are county
officers and may hold office only for terms of four years.

Very truly yours,

/s/ Francis B. Burch

Attorney General.

/s/ Martin B. Greenfeld

Assistant Attorney General.

House Bill No. 291—Corrections in Election Laws

AN ACT to repeal and re-enact, with amendments, Sections
5-2(a), 12-2(a) (2), 12-2(e), 14-1 (n), 26-16(a) (4), and 26-16(a) (7)
of Article 33 of the Annotated Code of Maryland (1969 Supplement),
title "Election Code," subtitles "Primary Elections," "Presidential
Primaries and Conventions," "Paper Ballots," and "Fair Election
Practices," amending the election code laws of this State in order to
make certain corrections in the language and references thereof.