People ex rel. Smith v. Kenyon

I cannot subscribe to the view of the majority in this case.

By section 30 of the Highway Law the board of supervisors of any county is authorized to appoint a county superintendent of highways and may remove him for malfeasance or misfeasance in office upon written charges and after an opportunity to be heard. The term of office of each superintendent is four years unless sooner removed.

The first legal appointment of such an official in Schuyler county was made on June 1, 1909, when one Frost was designated. That appointment was for four years and continued until May 31, 1913. On December 19,…