The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-05-31
TIM8ERLAKE GETS GAY
AND DECIDES THE NEW SCHOOL LAW IS
UNCONSTITUTIONAL.
Hold That The Old School Board is the Thing
and Tells The New Board to Keep
eff the Grass"

News, was brought here yesterday by
Mr.. ii. IL. Stevens, an attorney in the
case, to the effect that Judge Timber
lake has decided the school board direc-
tor case in Sampson county-old board
against the new board-in favor of the
old board.
That part of the new school law pro-
yiding for the election of the now hoard
is declared unconstitutional and the Dew
directors are enjoined from having any
thing to do with school matters in the
capacity of directors.
The case was argued and decided IN
Sampson, but Mr.. Stevens, who repre-
scented the old board, says there are nine
other counties Interested. Superinicn-
dent Mebane, however. knows of only
SIX counties in which the old boards have
refused to give up. These are: Sampson
Catawba, Chatham, Granville, Duplin
and Ashe
Judge Undertakes decision directly
affects only Sampson county, and suit
must be brought in each of the others
and similar decisions secured before
the old board can be recognized.
The matter will be taken UP for final
determination by the Supreme Court 1T
the fall term which begins in Septem-
ber Until then, under Judge Timber
lakes decision, the State Superintendent
of Public Instruction will recognize the
old board in Sampson county.
In the other counties he will continue
to recognize the new board unless II
decision similar to Judge Undertakes
lis secured in each.
In this connection the following letter
of recent date from State Superintendent
Mebane is of interest:
ITO the members of the County Boards
of Education:
Gentlemen: / write this letter be-
cause the question has arisen IN some
counties as to whether the Legislature
had authority to abolish the county
Boards of Education as the members
were elected for three years.
Il shall not attempt to decide ~ 10
the legality of this act of the Legisla-
ture, but want to inform you that it is
my earnest desire THAT you waive any
legal right that you may feel that You
have in this matter for the sake of the
cause of public education.
1.-THE work of public education in
North Carolina is bigger than any set
of politicians or any political party. 50
| beg you for the sake of the great
work to be done, NOT to thow any oh
stacles in the way that may in any way
hinder the success of the law as enac-
ted by the recent Legislature.
1T was reported TO me that the prlncl-
pal qualification considered in the APP
| pointment of the County Board of Di-
rectors was that the men must be Dem
ocrats. Be this as it may. Let these
men have an opportunity to prove by
their works that they are for public
schools as we'll as Democrats.
Il advise you to meet with the County
Board of Directors on second Monday
in April, make full and complete re-
port of your work since July LIST, 1898
and turn over all official records, books
etc, to- the County Board Of Direc.
tors i'm order that said Board of Di
rectors may have as little trouble as
possible to make out the annual report
for the fiscal school year ending june
Both. 1899
There has been the most pleasant Off
cial relations existing between you and
myself, with very few exceptions. the
memory of the exceptions will be for
gotten. and that of the general ruiz
will no cherished i'm the wears to come.