Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1899-04-12
The SCHOOL CHART MATTER.


THE SCHOOL CHART MATTER.
Assistant Attorney General Gunter Gives
Out an Important Opinion.
Columbia State, Sunday.
The attorney generals Office has rem
dered a very important decision in re-
gard to the school chart business, in
reply to the question if innocent third
parties who have purchased warrants
will be protected on protested claims.
Following is the opinion:
COLUMBIA, 8. c., April 8, 1899.
Hon. J. J. McMahan, Superintendent of
Education, Columbia, 8. G.
Dear Sir: The communication of Mr..
w. T. Smarr, referred to this office, SUBJ
mits this question: "1f school trustees
sign school warrants payable July, 10,
1899, for school supplies, and the claim
has been sold to third party before it
became. due, and on July 10, 1899, the
it, can the third party collect same when
protest has been put in for the claim so
sold ?"
Having already expressed the opinion
that the action Of the school trustee in IS
suing warrants to be paid out of next
years funds is ultra wires, and that the
warrants 80 issued are void, it follows that
the warrants are void, it matters not in
whose hands they are. The paper pur-
porting to he warrant 10 worthless, as it
represents nothing. Its invalidity is eX-
pressed on the face of the paper, and
persons buying it are thus advised the
trustees having no authority to issue 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.
1t is stated that the warrant is drawn on
a district that will have balance to carry
over to next year sufficient to pay the
warrant Under the law (Sec. So School
Law of 1886 which provides that the
county treasurers shall carry forward all
sums unexpended to the next fiscal year
and credit the same to the district for
which it is appropriated, it loses all con,
and merged in the next, and can be ex-
pended for next years debts only.
Your correspondent desires to know If
board Of trustees can employ an attor-
ney to fight the payment OF claims for
school charts, and pay him out OF the
school funds apportioned for their district.
I am inclined TO think that they have that
authority. II an action were brought
against the board of trustees involving
the educational interests Of the district,
they would be compelled to employ an
attorney to protect the interests OF the
schools, or probably allow the district TO
be ruined. 1t cannot be reasonably con-
tended that they should pay an attorney
mean usually that in spite of the ordinary
patriotism the district would be unrepre-
sented. If, then, they have power to en-
ploy counsel to defend, I see no reason
why they should not have power TO en-
plOy an attorney to bring an action, or for
other purposes to protect the school inter-
estS.
The question is asked, what kind of no
tice 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 matter Of policy, however, 1t would
be we'll to notify him of the condition OF
affairs. Yours truly,
(Dictated).
1t would be well for all the county
treasurers and superintendent of edu-
cation to note the sweeping effect OF
the attorney generals opinion, and not
TO fall into the snare of paying illegal
warrants. AS sample Of the insdi-
GUS inducements that may be offered
to bring about the payment of the war
rants which Tutwiler has been shrewd
enough To leave in the hands of repu-
liable persons or banks in the counties
where issued, the following extract Is
given from d letter received by MIR.
McMahan
1.-The bank here holds all of the Tut.
wilar claims not paid. They COM
mence falling due July next aud con-
tiuue to December, 1900. The bank
offers that if the treasurer will pay
when the district has sufficient funds
to it's credit, the bank will cash an
equal amount fur The district without
discount or interest when claims are
issued by trustees. What or how about
it,"
TO this the superintendent of educa-
tion replied that inasmuch as the
claims were clearly illegal no compro-
mise whatever should be made.