(concurring in result, but with comments indicating reservations):
It is with some regret that I feel impelled to record reservations to some aspects of the main opinion. I do not think it is good policy for this Court to base its decision on a ground neither presented to nor passed upon by the trial court in deciding a case; and this is especially true when it plainly appears that the trial court’s judgment was *1327correct and should be sustained upon the ground upon which he placed his ruling; and even more true when doing so is not only, unnecessary to a disposition of a case, but when that ground has the potential for creating more problems than it solves.
That would be the situation if it should be supposed that the defendants, as members of the State Board of Education, are reachable only by impeachment because they are state officers. Carried to its conclusion, such a thesis would mean that a peace officer of any city or town, or any deputy sheriff, highway patrolmen, or any inspector for the Industrial Commission, etc. (all of whom in certain circumstances have state-wide authorities and duties) would be subject to impeachment. In this connection it is to be noted that the last sentence of said Section 19, Article VI, does indicate that even officers subject to impeachment, shall nevertheless be liable to prosecution in other proceedings according to law; and it could be argued that a sensible and practical application of that section would permit proceeding against these defendants, or perhaps other state officers, under Section 77-7-15. I emphasize that I have no desire to decide such problems in this case. I merely indicate that I think there are such problems, and that so far as I am concerned, I would be quite contented to deal with the issue as presented to and ruled upon by the trial court.
It is my opinion that, whether the charges of misconduct against the defendants be regarded as grounded upon Sec. 77-7-15 for knowingly, wilfully and corruptly refusing to perform official duties, or upon Section 19 of Article VI of our Constitution for malfeasance in office, the trial court was indisputably justified in its ruling, and that the correct and judicious way to dispose of this appeal is to affirm his judgment on the ground he stated: that the complaint fails to state a ground for removal of the defendants.