State Ex Rel. Musa v. Minear

The relator brings this proceeding in the nature of quo warranto to challenge the right of Leon P. Minear to hold office as superintendent of public instruction.

The case presents two questions: (1) Is ORS 326.005 (1) (Oregon Laws 1961, ch 624, §1), under the provisions of which the superintendent holds office, constitutional? (2) If not, does it necessarily follow that the incumbent must vacate the office?

The answer to both questions is “no.”

Oregon Constitution, Art VIII, § 1, provides:

“The Governor shall be superintendent of public instruction, and his powers, and duties in that capacity…