A woman who possesses the qualifications indicated by law, and who acquires the necessary votes of the board of trustees, may fill the office of county superintendent.

such school corporation is hereby declared to be and made liable therefor. Until such city or town school corpora- tion shall have paid such indebtedness it sIalt not be en- titled to possession of such property, or to a deed therefor, and upon paying such indebtedness hby said school town- ship such school township shall be entitled to recover the amount so paid from said city school corporation wi ith in- terest at the rate of six per cent. per annum from date of payment, and on payment of such amount the said school corporation shall be entitled to a deed and possession of such property as now by law provided.'" I3y enacting this statute the legislature indicated an intention to make the school city and the civil city coincident, so far as extent of territory is concerned. Any other interpretation of the law would result in serious confusion. It is to be remembered, however, that there may be persons enrolled within the membership of a school corporation who are not residents of the civil city, town or township, as where there has been a transfer from one school corporation to another. Hence it was said in Ireland v. State, 165 Ind. 377, 380: "A school district has no fixed boundaries, but is com- posed of the persons residing in the township who have been enumnerated and attached thereto under section 5958, Burns VL01." COUNTY SUPERINTENDENT-WOIAN MAY BE. December 22, 1906. Ion. Fassett A. Cotton, Superintendent of Pablic Instruction: Dear Sir-You have referred to me a letter from Etta H. De- lay, of Lagrange, Indiana, containing the following question: Whether a woman would he eligible to the office of county super- intendent if she possessed the requisite license and could secure the required number of -,otes of the trustees. The act of 1905, at page 492; entitled: "An act concerning county superintendents, their qualifications, their compensation and their assistants," reads as follows, in its first section: "No person shall be elegible to or shall hold the office of county superintendent unless he hold at the time of his election a 36 nonths' state license, a 60 months' license, a life or professional license to teach in the common schools of this state; but nothing herein contained shall affect the title to his office of any county superintendent now in office. '' The third section repeals all laws i n conflict therewith. Section 6031, Burns' Statutes 1901, provides as follows: "Any woman, married or single, of the age of 21 years and upwards; and possessing the qInalifications prescribed for men, shall be eligible to any office under the.general or special school laws of this state." My opinion is that a county siperintendent falls within .the purview of the last cited section. While the state constitution, in section 154, requires that "No person shall be elected or ap- pointed as a county officer, who shall not be an elector of the county," yet I (1o not construe the term "county officer" as in- cluding a county superintendent. In Elmore v. Overton, 104 Ind. 548, 552, speaking of the office of county superintendent, the court say: "The office in question belongs to the executive de- partment of the state, and the duties attached to it are- strictly speaking of a merely administrative character, that is, in aid of the execution of and assist giving force and effect to other provisions of our common school system.' It might more properly be said that a county superintendent occupies a position analogous to a state officer, rather than a county officer. I note that this view of the law is in accord with an opinion giveil by your predecessor, Superintendent Jones, as shown by section 32 on page 73 of your compilation of the school laws of Indiana. I am, therefore, of the opinion that in the case submitted by the party mentioned a woman possessed of the qualifications in- dicated may fill the office of county superintendent.