2896 ARTICLE 77

who is in any way subject to its authority, and the Governor and the State
Superintendent of Schools shall not be members of this Board after the
first Monday of May, 1918. The Governor may remove any member of
the Board appointed under the provisions of this section for immorality,
misconduct 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 provisions of this section.

The state board of education is of legislative creation; hence legislature may modify
control or abolish it, and change manner of appointment of its members. The Governor
is authorized under this section to appoint successors to state board of education
without concurrence of senate. Although term of an incumbent has expired, if he
holds office until his successor qualifies, there is no vacancy between expiration of
his term and qualification of his successor. History of this section. Construction of
statutes. Mandamus denied. Purnell v. Shriver, 125 Md. 267.

See notes to sec. 9.

An, Code, 1924, sec. 6. 1912, sec. 6. 1904, sec. 6. 1888, sec. 6. 1872, ch. 377. 1886, 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. 1929, ch. 249, sec. 6.

6. County Boards of Education shall be composed in the Counties of
Baltimore, Carroll, Frederick, Dorchester, Washington, Somerset and
Montgomery of six members, and in each of the other counties (except
Anne Arundel for which separate provisions are made by Section 7 of this
Article), of three members, who shall be appointed from the citizens of the
county by the Governor for a term of six years from the first Monday in
May next succeeding their appointment, and they shall hold office until
their successors qualify. Provided that the terms of office of persons who
are members of the County Boards on passage of this Act shall not be
affected by its provisions; and provided further that on or before the first
Monday in May of 1929, the Governor shall appoint in the Counties of
Baltimore, Carroll, Frederick, Dorchester, Washington, Somerset and
Montgomery two members, one for a term of five years and one for a term
of six years from the first Monday in May, 1929. Thereafter the term of
each member appointed to the Boards from each County (except Anne
Arundel) shall be six years. And provided further that in Somerset
County, the members of the Board shall be appointed in the manner here-
inafter described from the following election districts of said county; one
member from Tangier, Damesquarter and St. Peters; one member from
Mt. Vernon, Princess Anne No. 1 and Princess Anne No. 2; one member
from Dublin, Westover and Fairmount; one member from Brinkleys No.
1, Brinkleys No. 2 and Lawsons; one member from Crisfield No. 1, Cris-
field No. 2 and Asbury; and one member from Deals Island and Smiths
Island. The members of the Boards shall be appointed solely because of
their character and fitness, but no person shall be appointed to a 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 mem-
ber of a board appointed under the provisions of this section for immoral-
ity, misconduct in office, incompetency or wilful neglect of duty, giving to