The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-06-10
ATT'Y-GENERAu SOPINION
ON THE DECISION OF JUDGE TIMbERLtKE
As TO SCHOOL DIR CT0RS.
New Directors Now in Office 10 Hold Until the
Supreme Court Passes on the Matter.
Text of the Decision,


Superintendent of Public instruction
touching the force and effect Of Judge
Timherlake's decision in Sampson coun-
tv in favor of the old County School
Board and against the new one, the At
torney General writes:
Il will say that i'll the counties where
the old school officers gave way to the
new officers the new officers are de
facto officers so long as they remain in.
While the decision in the Sampson
county case is in principle the same as
that involved in all the other counties.
still where the officers under the school
law of the Legislature of 1899 are III
office. it is probable they will hold on
until the question has been passed upon
| hy the supreme court and you should
| of course recognize them"
A certified copy of the decision in the
| Sampson county case was received yes
| tcrtlay by Superintendent M"banc. 1t IS
as follows:
"North Carolina. Sampson county. In
the Superior court, May term, 1899.
"Zcb Vance Walser, Attorney Gen
cral, in the name of the people of the
State of Nor,b Carolina on the relation
of A. r. Herring, Il. A. Ingram aud
w. J. Faircloth vs.. w. J. Pugh, w. y.
Bizzell and l.. l.. Matthews. Judg-
| ment.
This cause coming on to he heard
before me at the May term of the SUI
pcIfior court of Sampson county, and all
parties thereto having waived a trial
| by jury and consented that the court
should find all the facts and all issues
involved herein. and the court finding
| the following facts. - Wit.
"That the plaintiffs \. Il. Harr:ng, Il.
| A. Ingam and W. J. Fairc!oth were,
on the first Monday in June, 1897. duly
and legally elected to the office of Coun-
ty Board of Education in and for
| Sampson county and as such duly quail
fled and entered upon the discharge
of the duties of said office. and so cor
tnued to act and perform Tic duties
of the office until the sectnd Monday in
April, 1899 when defendants excluded
them.
That the defendants w. j. Pugh, W.
A. Bizzcl and l.. l.. Matthews We're
appointed by an act of the Legislature
Of 1899, ratified on the 9TH day of
March. 1899 to an office created by
said act. entitled the County Board Of
School Directors. which office is. in all
things except name, identical with thn
before mentioned County Board of Elu-
cation.
THAT the office of the County Board
of Education and the office entitled ihe
County Board of School Directors are
one and the same office
"That the defendants w. J. Pugh, w.
A. Bizzell and l.. H. Matthews usurped,
intruded into and mlawfuly hold and
exercise the duties of the said office Of
County Beard of School Directors for
Sampson county.
ut is therefore considered and ad
judged upon the findings of fact and
admissions in the peadings that the
plaintiff REALTORS. A. Il. Herring. II. A.
Ingram and w. J. Faircloth recover
of the defendants the office of County
Board of School Directors. together with
all books and papers in the custody of
said defendants. or within their power
belonging to said office.
And it is further considered and adj
judged that the defendants w J. Pugh,
w. A. Bizzell and l.. l.. Matthews are
not entitled to hold and exercise the dtl-
ties of the office Of County Board of
School Directors. and that they be eX-
Guided from .he said Off e, and that
the plaintiffs recover of the defendants
the costs of this ac.i to he taxed
by the clerk.
Both plaintiffs and defendants agreed
that this Judgment should be signed out
of term and have the same force and
effect as if signed during the term
e w. TIMBERLAKE,
Judge Presiding.
"May 81. 1899"
Defendants appeal to Supreme court.
Notice waived. Bond fixed at SO.
Defendants by consent allowed ten
days from May 81, 1899, to serve case
on appeal and plaintiffs five days there
after to serve counter case.
E. w. TIMBERLAKE,
Judge Presiding.