PUBLIC EDUCATION. 2443

History of this section traced. In this section the legislature was careful to declare
the power given to belong, not to the individuals, but to the corporation—see notes
to sec. 40. School Commissioners v. Goldsborough, 90 Md. 202 (decided prior to the
act of 1900, ch. 29, and act of 1906, ch. 353).

Mandamus is appropriate remedy to obtain possession of an office. Powers and
rights of a de facto officer. School Commissioners v. School Commissioners, 77
Md. 288.

When a vacancy exists. If there is no vacancy, there can be no appointment. When
Governor is authorized to fill a vacancy for the balance of unexpired term, such
appointment is not within state Constitution, art. 2, sec. 11, providing that com-
missions of officers appointed during recess of legislature shall only continue in force
until end of next session. Unless there is some law to contrary, an officer who is
appointed for a definite term holds over until his successor qualifies. When an
appointment is made to fill a vacancy, the appointee holds in same manner as person
whose place he takes. Ash v. McVey, 85 Md. 126; School Commissioners v. Golds-
borough. 90 Md. 204. (Both cases decided prior to act of 1900, ch. 29, and the act
of 1906, ch. 353.)

Art. 2, sec. 13, of state Constitution relative to newly appointed civil officers being
nominated to the senate within fifty days from commencement of each regular
session, construed in connection with the appointment of school commissioners under
act of 1888, ch. 58. Merrill v. School Commissioners, 70 Md. 270.

The act of 1900, ch. 29, repealed this section as it then existed and re-enacted it
so as to require Governor to appoint a new board of school commissioners for each
county in state. Duer v. Dashiell, 91 Md. 666.

The act of 1892, ch. 341, specifically prescribes the method by which county school
commissioners ought to be appointed, but nowhere in this article is the method for
appointment of school commissioners in Baltimore city designated. Hooper v. New,
85 Md. 581 (decided in 1897).

For a case raising the question of the constitutionality of act of 1870, ch. 311, and
1872, ch. 377, (conferring upon judges power to appoint school commissioners), and
involving estoppel as applicable to a commissioner and secretary who had served
under these acts, see Jones v. Keating, 55 Md. 148. See also notes to sec. 40.

See secs. 11, 22, 40 and 59, and notes.

1922, ch. 229.

7. The Governor shall appoint a County Board of Education for
Anne Arundel County, to be composed of five persons, three of whom
shall be men, and two of whom shall be women: one of the members of
said board shall hold office from the first day of June, 1922, to the first
Monday in May, 1924; two of whom shall hold office from the first day of
June, 1922, to the first Monday in May, 1926; two of whom shall hold
office from the first day of June, 1922, to the first Monday in May, 1928;
and until their successors shall qualify: provided, however, that all County
School Commissioners heretofore appointed shall serve until the first day of
June, 1922. The term of office of said Commissioners after the expiration
of the term for which first appointed, shall be for a term of six years. The
members of the Board shall be appointed solely because of their character
and fitness, but no person shall be appointed to said Board who is in any
way subject to its authority. The State Superintendent of Schools, by and
with the approval of the Governor, may remove any member of said board
appointed under the provisions of this section for immorality, misconduct
in office, incompetency or willful 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 of the said board shall be removed, the state super-
intendent of schools shall file in the office of the Clerk of the Circuit Court
for Anne Arundel County, if the member so requests, a complete statement