The mayor is responsible for filling any vacancies that arise in the city school board.

For the foregoing reasons, it is my opinion that the said arti- cles do not come within the classes enumerated in said fifth sub- division, and that the regular fee for filing articles of incorpora- tion should be charged in this case. SCHOOL BOARD-MAYOR FILLS VACANCIES IN CITY SCHOOL BOARD. December 12, 1906. I-on. Fassett A. Cotton, Superintendent of Public Instruction, Indianapolis, Indiana: Dear Sir-In your'favor of the 7th inst. you ask whether the common council or the mayor fills a vacancy in the city school board created by the resignation of a member. The act of 1905 (Acts 1905, page 437) provides: "All vacancies that may occur in said board of school trustees shall be filled by the common council or board of trustees of the town, but such election to fill a vacancy shall only be for the unexpired term." While there are expressions contained in the town and city code, recently enacted, which appear to vest in the mayor the right to fill vacancies (Cf. Acts 1905, pp. 242, see. 45; 266, 380) these relate to city or elective officers, and do not include school trustees. SCHOOLS-CIVIL AND SCHOOL CITIES MUST BE DEEMED .COTERMINOUS. December 12, 1906. IHon. Fassett A. Cotton, Superintendent of Public Instruction, Indianapolis, Indiana: Dear Sir You have submitted to me the question whether the boundaries of the civil and school cities respectively may be dif- ferent. I am of the opinion that, as a practical matter, the two must be deemed coterminous. The statute provides: "Each civil township and each incorporated town and city in the several counties of the state is hereby declared a distinct municipal corporation for school purposes, by the name and style of the civil township, town or city cor- poration, respectively." (Burns' Stats. 1901, see. 5914.)