The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1899-12-15


Raleigh, ". c., December :.
The attorney general gives the FOL-
owing important opinion d In the
public school cases:
Hon. c. H. Mebane. superintendent
Public instruction,
Sir:-In reply to your mmunicat
of recent date. requesting my opinion
upnn certain phases OF tffs chool law.
/ will say that / do not agree with you
that there - any doubt as 20 what the
supreme court has decided in the vari-
Gus schoo cases. Many OF the Ques-
tons asked by you were not decided
I'M che court becaus they we're not
raised by the record. The court very
cAeariy and exhaustively laid down the
hay In regard to every point presented
by the various cases.
II. II held tina. the county board or
education, now the board OF school, d.
rectors. created under the act or 1891
YVES not abolished by chapter 1Ss OF the
acts OF 1899.
-. That the county COMMISSIONER,
the clerk and register Jf deeds had, un-
der the old law, the authority n~ecesSarT-
IN and by direct implication IN nh va
cancies in the board OF education. now
the board OF school directors.
IS. That the old board of education.
now the board OF school directors. Is
a continuing body, ut all times quaA-
fed TO perform the responsible duties
imposed upon it.
q. ina the old board Of education, |
now called the county board OF school
directors, are no functl efhcfo, out
sttn have the power to perform the
daties prescribed in the act of 1899.
s That vacancies in boards or ed
ucatipn or school directors occurring
since the passage of the act or 1879 are
go Instant filled by appointees under
that act.
THE general rule H. tina the acts of
a de facto public officer are valid so
far as they concern the public or third
persons who have an interest IN the
Law end. ad. Sl5.)
lit would be unwise to attempt 10
Trims done. (S Am. and Eng. Emcy.
advise you more in detail, as much de-
ponds upon the facts in each particular
case in uhe various counties and could
only be intelligently decided upon a
fun statement of all the facts. Sucn
facts are not now in my possession.
On March l6, 1899, / rendered an opin-
ion, in which l q occasion TO say
that under section 1908 of The CODE,
prescribing the duties Of the Attorney
General, i could not properly pass upon
the validity Of the school law OF 1917,
being myself am executive officer ana
restricted to the face OF the statute.
In that opinion / held that public Of
ficers under every idea OF justice ana
under our theory of government must
presume that the law making power
had acted within the bounds OF the
constitution and that the constitution
aiity of the school law was a grave
judicial question. g. V. Goodwin, l25
N. G. 697. 20 OPP. Attorney General. u.
s. 702, ia. q OPP. Attorney General. u.
s. 6, 557, and 69.)
I advised you to enforce that statute
to the letter and to recognize those
school officers only who were acting
under the provisions OF 1t. 1t now be-
comes your duty, under the decisions
Of the supreme court in the school cases
to give effect only to section 6, chapter
los acts 1897, and to recognize the OFF,
GERS therein named and those elected
by them, but in every other respect TO
go forward with the great school work
under the act of 1899. The old boards
were very properly advised by you to
retire, and in the main did so. In the
light of the decisions herein before re-
ferred to l have no doubt the new
boards viii likewise take you advise.
MANY questions may arise relative
to the rights of school officers that can
not be determined until ali the facts
OF each case are aSceTtained and in
some instance may be OF such a nature
as to require judicial inquiry"
The board of agriculture will estab-
lish an experiment farm in the eastern
or southeastern section The matter
IS placed in the hands of State Chem
ist Kngo and a committee of which
A. tt. McCallum is chairman. The
chemist will examine locations.
True bills are found i'm all the oun
terfeiting cases which are before the
federal court. OF course the Marshall
known when the trial OF this case win
be heard, possibly not until after the
holiday recess; that Is in January.
State Superintendent Mebane was in
his office today for the first time in ten
days. His mother continues critically
I'm. He has been with her.
Reports state hat about all the corn
crop Is gathered. The reports as to the
condition OF wheat are good. There is
an increase acreage.
There is now no doubt IL appears,
that next Monday the democratic state
committee will issue the cali for the
state convention, at the earliest date
ca record, it Is expected. 1t is the de-.
sire OF some of the committee to put
speakeyS in the field as early as IaI1i[
AIRY.
The state board of public charities
Is called to meet December Goth. The
annual reports will then be made. The.
special line Of inquiry now being made
by the board is as to the umbe of in
sane in each county who are in tail
or county homes. The county super
intendents viii G in their reports.
It S believed that there are large num-
begs OF insane nus unprovided for.
The matter Will be thoroughly discuss
ed
The balance of the educational fund.
IN cash, in the state treasury il now
$l3,36s. Their are also a lot OF 4 per
cent. bonds held by this fund.