State Ex Rel. Clement v. Dodson

This is a mandamus proceeding involving the possession of the office of superintendent of public instruction in Benton county. Clement was elected to the office by the voters at the August, 1934, election, duly qualified, and was inducted into office.

Dodson, the hold-over, refused to surrender the office, books, papers, etc., upon the theory that Clements was not eligible to occupy the office, for the reason that he did not possess the qualifications prescribed by chapter 525, Priv. Acts 1929, which applies solely to Benton county.

The General Educational Law, chapter 115, Pub. Acts 1925,…