The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-12-10
HELPS OUT The C0URT
AND GIVES RANK ADVICE TO
SUPERINTENDENT.
4 STATEMENT BY Mr.. MEBANE MONDAY
VIII Say What He Proposes to do in the Pre-.
misses, Has Not Yet Had Time to Decide
What Course He WiIi Follow. Walse's
Opinion Would Upset Schools.

handed down his opinion as to the con-
struction to be placed on the recent de-
cision of the Supreme court holding that
the law under which county boards of
school directors We're chosen is unconsti-
tutional The Attorney General appears
to hold that the State Superintendent
must recognize the fusion county boards
in Ell cases.
MIR. AIEBANEiS STATEMENT.
Superintendent Mebane was not pre-
pared yesterday to give out statement
as to what course he will follow, burt
issued the following as an explanation TO
school officials.
Dear Sirs: | ask your indulgence to
write word of explanation. | have
made special effort during my term of
office to be punctual an all matters per-
tanning to the public schools, so that
might give the public the pest service
possible but since November 23rd, and
the present date December 9th. the time
has been spent at the bedside of my sick
mother, except six days which were spent
at the State Normal and Industrial Col
lege, where 4 was doing what | could to
aid in finding the cause ef the recent
epidemic and to prepare for the reopen
ing of this institution-hence the seem
ing neglect of matters of Importance in
regard to the public schools since No
venlber 23rd. / viii also state that /
did not receive the opinion of the At
torney- General until today, December
9th, although asked for On November
23rd. i make this explanation that 10
public may be Informed as TO the delay
in regard to the county boards. since tie
decision of the Supreme co:irt.
| shall endeayof to have my Official
letter ready for publication bv next Mon
day, certainly not later than Tuesday.
In the mean time let the pu5ic schools
go ON as / see nothing in ny reading o.
the Attorney-General's opinion lo inter
fere With contracts made by the COM
mittees with teachers, &c.
Respectfully,
G. Fl. MEBANT.
Superintendent Public Instruction.
ATTORNEY GENERALS OPINION.
Hon. G. III. Mebane, Superintendent of
Public instruction, Raleigl, n. G..
Sir: In reply to your communication
of recent date, requesting my opinion
upon certain phases of the school law,
will say that l do not agree with you
that there is any doubt as to what the
Supreme Court has decided in the va
rious school cases. Many of the ques-
items asked by you Were not decided by
the court because they were not raised by
the record The court very clearly and
extensively laid down the law in re-
gard to every point presented by the va
rious cases.
/. 1t held that the county board Of
education, now the board of school di-
was not abolished by chapter 1872 of the
acts of 1899.
z. That the county commissioners, the
clerk and register of deeds had, under
the old law, the authority necessarily
and by direct implication to fill yacan-
cies in the board of education, now the
board of school directors.
3. That the old board of education, now
the board of school directors, is con-
tinuing body, at all times qualified to
perform the responsible duties imposed
upon it.
A. That the old board Of education, now
called the county board of school d.
rectors, are not functi officio, but still
have the power to perform the duties
prescribed in the act of 1899.
5. That vacancies in the board of edu-
cation or school directors occurring since
the passage of the act of 1899 are 60
Instant filled by appointees under THAT
act.
The general rule is that the acts of
a de facto public officer are valid so far
as they concern the public or third per-
sons who have an interest in the things
done. g Am. and ENG. Ency Law, ID
ed, 815.)
1t would be unwise to attempt to adj
wise you more in detail as much depends
upon the facts in each particular case in
the various counties and could only be
intellgently decided upon a full state
ment of all the facts. Such facts are
not in my possession. On March 16.
1889, | rendered an opinion in which |
took occasion to say that under section
1903 of The Code, prescribing the du-
ties of the Attorney General, 1 could
not properly pass upon the validity OF the
school low Of $780, being myself an ex-
ec1gtiye officer and restricted to the face
of the statute. In that opinion | held
that public officers under every idea of
justice and under our theory of govern
ment must presume that tine law making
power hard acted Within the bounds of
the Constitution and that the constitu-
tionality of the school law was grave
judicial question.
GO. VS.. Goodwin, 1913 n. C., 697; 20 OPP
Attorney General u. s. 702, IA; u
Op. Attorney General U. s. &, 557 and
699
advised You to enforce that statute
to the letter and to recognize those school
officers only who were acting under the
provisions of it. 1t now becomes your
duty, under the decisions of the Supreme
Court in the school cases, to give effect
only to section 6, chapter 10S, acts 1897,
and to recognize the officers therein
named and those elected by them, but
in every other respect to go forward with
the great school work under the act of
1869. The old boards were very prop