The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-12-13
Mr. MEBANE TO THE
SCHOOL OFFICERS
viii Recognize New Boards
if no Contest,
ALL CONTRACTS STAND
AND TEACHERS CERTIFICATES
ARE VALID.
A. P. DAVIS HAULED OVER THE GOALS
The Forsyth Official Got Gay and Published a
Notice That All Teachers Must Standa
New Examination or Give
Up Their Schco's.

State Superintendent of Public In
struction Mebane yesterday issued the
following letter to school officials de-
fning the course he will follow as to
county school boards, teachers and
township committees under the Supreme
courts decision:
To Public School Officials:
Dear Sirs:-I send you the following
official letter as to the recent decision
Of the Supreme court in regard to the
School Board Cases.
FIRST AS TO SCHOOL BOARDS.
| wish to call your attention in the
first place to the statement so often
sent out from This office: namely, that
| would recognize the school officials
appointed by the Legislature OF 1873,
until the courts ordered Otherwise Ac-
cordin2' to the opinion of the Attornes
General, the Supreme court passed upon
the following points; to-wit
LIST. 1T held that the County Board
of Education, now the Board of School
Directors, created under the Act of 1897,
was not abolished by Chapter 49, of the
Acts of 1899"
2nd. THAT the county commissioners,
the clerk aud register of deeds had,
under the old law, the authority neces-
sarily and by direct implication to fill
vacancies in the Board of Education,
now the Board Of School Directors
3rd. THAT the old Board of Educa-
ton. now the Board Of School Diree-
tors. IS continuing body, at all times
qualified to perform the responsible
duties imposed upon it,
18th. THAT the old Beard of Educa-
ton. now called the County Board or
School Directors, are not fnncti ofhcio,
but still have power to perform the
duties prescribed in the Act of 1899.
9Th. THAT vacancies in the Board of
Education. or School Directors occllTr
ing since the passage of the Act of 1898
are 60 Instant filled BY the appointees
under that act.
| quote again from the Attorney Cen
eral as follows: 1T now becomes your
duty, under the decision Of the Supreme
court in the school cases. to give effect
only to Section 6, CHAPTER los, Acts Of
1897. and to recognize the officers there
in named and those elected by them, but
with the great school work under the
Act Of 1890" Again he says: ''The
acts eff a de facto public officer are
valid. so far as they concern the public
or third persons, who have an interesI
in the things done.
The following questions were submit
ted to the Attorney GeneraI:
First Where the county boards en-.
4I,o foct Inf
turning the office over to the board APP
pointed by the Legislature, but entered
no suit in the courts to test their legal
rights. which is the legal board here?
Second Where the county board did
not enter protest OH the record book,
but merely made verbal protest and
withdrew leaving the school affairs in
the hands of the board appointed by
the Legislature, which is the legal board
here!
Third Where no protest at all was
made, and where the old board did not
even appear at the office, and the SUI
pervisor turned over the record, books,
etc, to the board appointed by the Leg
islature, which is the legal board here?
In reply to these questions the At
torrey General gives the general rule
of law as follows: "A discontinuancc
of the exercise of official functions III
obedience to statute which is after
ward declared unconstitutional during
the continuance Of the term, will not eff
feet an abandonment.
Again he says: Il do not think the old
boards can be taken to have abandoned
their offices, even if no protest Of any
nature whatever was entered, unless you
should find as fact that such a re.
fusal or neglect to performs the duties
was wiIful."
According to this ruling it becomes my
duty to recognize the old boards in
every county where said boards re-