The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1899-04-12
SCHOOL CHART
CERTIFICATES
Not Worth the Paper They
are Written On.
so SAYS ASSISTANT ATToR.
NEY GENERAL GUNTER.

chart matter has gone beyond the
school authorities in the matter OF
doslars and cents Frequent and
persistent applications have been
received TO know the legal status OF
the claims It appears that q great
many Of the. claims are now held by
hanks throughout the State, in fact
It is said that mos. of the claims are
held by banks. which discounted the
certificates, which on the face were
perfectly regular and proper
II is understood that the holders OF
the certificates have employed coun-
sell to look after the collection of the
claims, and it is likely that the issue
will be taken to the United States
courtto get grown up men out OF
debts which they contracted and for
which they signed certificates
The following is an opinion render
ed today, which is of general import
ance, and will probably cover all the
cases referred 60 either the education
al or the legal departments of the
State government
Golumbia, April 8, 1899.
Hon. j. ). McMahan, Superintend-
emf of Education, Columbia, S c.
Dear Sir: The Communication of Mr.
W. T. Smarr,, referred to this Office.
submits this question /: "lf school
trussees sign school warrants payable
.July 10, 1899. for school supplies,
and she claim has been sold to third
party befors II became due, and on
July 10, 1899, the school districs
stin has money to It's credit, can the
third party collect same, when pro-
test has been put in for the claim so
sold 2"
Having already expressed the
opinion that the action OF school
trustees in issuing warrants to be
paid out of next years funds is ultra
vires, and that the warrants so
issued are. void, it follows that the
warrants are void it matters not in
whose hands they are. The paper
purporting to be warrant is worth
less, as it represents nothing. Its
inYalidi.y is expressed on the face of
the paper, and persons buying it are
thus advised ; the trustees having no
authority to the warrants, the
mere fact that it has passed into the
hands of third party can no more
validate the warrant than if it had
been drawn on the road fund of the
county
Is is stated that the warrant is
drawa On distsict that will have q
balance to carry over to the next
year sufficient to pay the warrant
Under the Iaw (Sectiou So. school
Law Of 1896, which provides that
the county treaearers shall carry
forward sill sums unexpended to the
next fiscal year and credit the same
to the district for which it was sp-
propriated, i. loses all connection
with this years funds, is credited
and merged 10 the next, and can be
expended for next years debts only.
Your correspondent desires to
know If a board of trastees can
emply an attorney to fghs the pay
ment of claims for school charts, aud
nav him out of the school funds
spporsioned for their district / am
inclined to shink that they have that
authority If an action were brought
againss tine board of trustees involv.
ing the educationa! interests of the
district, they would be compelled to
employ an attorney to protect the
interests of the schools, or probably
allow the districs to be ruined. It
canno. be reasonably consended that
they should pay an attorney out Of
their own pockets. TO, this would
mean usually that, 10 spite of the
ordinary patriotism, the district
would be unrepresented. If then
they have power to employ counsel
to defend, see no reason why they
should not have power to employ an
attorney to bring an action, or 70:
other purposes to protect the school
interests
The question is asked, what kind
of notice should be served on the
treasurer to prevent him from paying
the warrants in question ? If the
warrants are illegal no formal notice
is necessary, as the treasurer is not
likely to pay an illegal warrant. As
q matter of policy. however. it would
be we'll to notify him of the condition
of affairs. Yours truly.
u Z. Guntey. Jr,
Assistant Attorney General.
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