The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1897-04-07
TEXT BOOKS At COST.
ATTORNEY GENERAL GIVES OPINION
ON THE NEW LAW.

ATTORNEY GENERAL GIVES OPINION
oNTHE NEW LAW.
Matter is optIonal-A County May Pur-
chase Books or Not as Ir Chooses About
Reports of State Colleges.
COLUMBIA, April 2.-Concerning the
act of the last legislature that provides
for the furnishing of books at cost
prices to the pupils of public schools,
q good deal of doubt still exists IN the
minds of many persons.
The following opinion by the assist
ant attorney general will elucldate the
law:
Columbia, s. c., March 81. 1897.
Hon. W. D. Mayfeld, State Superln'
tendent Education. -
Dear Sir: The letter of Mr.. l.. l..
Copeland referred to this office has
had due consideration.
The question he asks is, us it op'
tional with the county board OF educa.
ton as to the purchase OF school
books2"
Section 1 of the act of 1897 is as fol
lows: "That the county board OF ed
ucation of the several counties of this
State be, and they are hereby, author.
lied and empowered to set aside from
the public fund of their respective
counties an amount not excesdlng
$500 for the purpose of providing the
pupils attending school with text
books at actual cost or exchange
prices"
It will be observed that the county
board is not required but simply au-
thorized to set aside the fund. From
the language employed I am, OF the
opinion that the county board has dis
cretion in this matter, and can set
aside such a fund, if in their judg-
ment, it is advisable.
Yours very truly,
G. P. Townsend,
Assistant Attorney General.
The sections of the school law which
provides for books at cost and to which
the above opinion applies reads as fol-
lows:
Section 1. That the county board OF
education of the several counties OF
this State be, and they are hereby, au
thorizsd and empowered to set aside
from the public school funds of their
respective counties an amount not ex-
ceeding $500 for the purpose of provid-
ing the pupils attending the free pub
Lie schools of their counties with
school text books at actual cost or ex-
change prices.
Section 2. That the amount so set
aside from the school funds shall be
paid to the county superintendent OF
education by the county treasurer,
out of the unappropriated general
school funds in his hand, on the war
rant of the said county board OF edu-
cation.
Section 8. That the amount to set
aside by the county board of education
shall be and remain a permanent fund
in the hands Of the county superinten-
dent of education to be used in pur-
chasing and keeping on hand school
text books for sale to pupils attending
the free public schools OF his county,
for cash, at actual cost or exchange
prices, and to be used for no other
purpose and in no other manner.
Section 4. That for the full and
just accounting for said money and
books, and all his acts dealings relat-
ing thereto, the county supsrinten-
dent of education shall be responsible
on his official bond.
Section 5. That no tax or license,
either State, county or municipal,
shall be imposed on or required OF the
county superintendent of education
on account of the purchasing and fur
nishing of said books to the pupils as
aforesaid.
Section 6. That this act shall be a
general act, and apply to all of the
counties of the State from and after
its approval.
The following opinion explains the
law that provides for the publishing
of the reports of the different State in.
stitutions of higher learning.
Columbia, s. c., March 81, 1897.
Hon. W. D. Mayfeld, State Superin-
tendent of Education:
Dear Sir-I have the honor to &C.
knowledge the receipt of your letter,
with that of Gov. Hagood's enclosed,
asking for construction of that por-
ton OF section 8 of the school act of
1896 relating to the reports of State
institutions of higher learning.
The section repeals the law in force
at the time of the passage OF this act
requiring the institutions to make their
report to the general assembly, and
requires them to make reports to you.
In your annual report they are to be
included, and in this way they reach
the general assembly.