404 ANNUAL. REPORT OF THE Off. Doc. 



MR. HUTCHISON: A vote of the Board would not be legal. It 

 would be changing the act of Assembly which created it, and that 

 you can't do at all. 



The CHAIR: I shall have to decide that Brother Hutchison's point 

 is well taken; that we cannot change the election, as it comes up 

 from the agricultural societies entitled to be represented. 



The SECRETARY: Before the Chair renders any decision, I would 

 like to ask Mr. Herr whether he knows how this matter has come 

 about; how it happens. Has it happened by vacancies caused by 

 death or resignation being filled by parties elected for three years 

 instead of being filled for the balance of the term? If everything 

 had gone on as it ought to have gone on, this state of affairs would 

 not exist. Mr. Herr's suggestion to get this matter straightened 

 seems to me impossible. I wish it could be done, but I am of the 

 opinion that the act of Assembly puts the election upon the socie- 

 ties of the several counties and that all we have to do with it is to 

 recognize the persons so elected, as members, when w^e admit them 

 to the Board. 



MR. HERR: If you will turn to Elk county, you will find that 

 their term expired in 1903. As it is now it would expire in 1908. 

 Dauphin county is not represented now. Some others expiring in 

 1904 are not represented. They came in with credentials for three 

 years because the blank form says three years. I think that section 

 admits that^, that one-third shall come in each year, if not an appoint- 

 ment by the Governor; it is an appointment by the different agricul- 

 tural societies and the Board always has in the past fixed the term 

 of service so as to equalize these three sections, and I know of sev- 

 eral instances where matters were settled in that way. 



MR. HUTCHISON: I remember very well that the Secretary took 

 a great deal of pains in keeping the record straight. Where there 

 would be a death he would notify the agricultural society of that 

 fact; that is where this should be kept straight. It seems some- 

 how they have elected for a longer term than they should have done. 

 I think this will right itself, twenty-one expiring this year and 

 twenty-one the next year; it may come all right in time. 



The SECRETARY: You will remember that I gave an opinion 

 upon it. I am disposed to think with Brother Herr that it is en- 

 tirely competent, if there has been a mistake made in the term by 

 the society that makes the election for the Board to make the cor- 

 rection, i am disposed to think that the Board has the authority 

 to do that; to make the correction as to dates in the returns that 

 are made by the agricultural societies. 



MR. BLYHOLDER: I just want to call attention to one matter 

 that I think makes that clear. I think the law defines that one-third 

 shall retire each year, before it specifies the term of election, so 

 that when it does that first, it seems to me to be important for the 

 Board to know in order to carry that out. 



MR. RODGERS: In addition to that, if you will count carefully 

 over this list, twenty-one will expire in 1906 and twenty-one in 1907, 



