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564 PUBLIC EDUCATION. [ART. LXXVII
appointed under the provisions of this section for immorality, miscon-
duct in office, incompetency, or wilful neglect of duty, giving to him a
copy of the charges against him and an opportunity of being publicly
heard in person or by counsel, in his own defense, upon not less than
ten days' notice. If any member shall be removed the Governor shall
file in the office of the Secretary of State a complete statement of all
charges made against such member, and his findings thereon, together
with a complete record of the proceedings. Vacancies on the Board
for any cause, shall be filled by the Governor, for the unexpired term,
and until a successor shall qualify. Any member of the Board shall be
eligible for reappointment unless otherwise disqualified by the provi-
sions of this section.
The state board of education is of legislative creation; hence the legis-
lature may modify control or abolish it. and change the manner of appoint-
ment of its members. The Governor is authorized under this section to
appoint successors to the state board of education without the concurrence
of the senate. Although the term of an incumbent has expired, if he holds
office until his successor qualifies, there is no vacancy between the expira-
tion of his term and the qualification of his successor. History of this
section. Construction of statutes. Mandamus denied. Purnell v Shriver.
125 Md. 267.
See notes to this section in volume 2 of the Annotated Code
1904, art. 77, sec. 6. 1888, art. 77, sec. 6. 1872, ch. 377. 1880, ch. 293. 1888, ch.
58. 1890. ch. 268. 1892, ch. 341. 1898, ch. -445. 1900. ch. 29.
1906. ch. 353. 1916, ch. 506, sec. 6.
6. County Boards of Education shall be composed in the Counties
of Baltimore, Carroll, Frederick, Dorchester, Washington and Mont-
gomery of six members, and in each of the other counties of three mem-
bers, who shall be appointed from the citizens of the county by the
Governor for a term of six years from the first Monday of May next
succeeding their appointment, and they shall hold office until their suc-
cessors qualify. Provided that the terms of office of persons who are
members of the County Boards on April 18, 1916, shall not be affected
by its provisions; and provided further in order that the length of the
first six regular appointments under this section in the Counties of
Baltimore, Carroll, Frederick, Dorchester, Washington and Mont-
gomery, and the first three regular appointments in the other counties
shall be so designated by the Governor that there shall thereafter be
one regular vacancy and one regular appointment each year in the coun-
ties of Baltimore, Carroll, Frederick, Dorchester, Washington and
Montgomery, and one regular vacancy and one regular appointment
every two years in each of the other counties, the Governor shall
appoint in the first instance only two members in the Counties of Bal-
timore, Carroll, Frederick, Dorchester, Washington and Montgomery,
one of whom he shall designate to hold office for the term of six years,
and the other for the term of five years, from the first Monday in May,
1918; and in each of the other comities he shall appoint in the first
instance only one member to hold office for the term of six years, from
the first Monday in May, 1918; before the first Monday in May, 1920.
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