The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1899-05-10
CORRESPONDENCE
AS TO THECHARTS.
SOME MORE LIGHT ON
THE EMUCH.TALKED.OF
MATTER.

MATTER.
The following correspondence has
been mailed to Gov. EIlerbe by r
o. Evans & Co., OF. Chicago, and
coatains considerable information in
regard to the much talked of matter
that has not heretofore come 70 light
Florence. s. c., April 20, 80
R @. Evans & Co., 2ll and 2l2 3
Madison st, Chicago. Ill.
Gentlemen: Your letter to me as
member of the state board of educa
ton, Of date april 18th 1899, has
been received.
From a careful perusal of your com
munication, I deduce that you th:ok
the state board should take some &C
lion so protect innocent purchasers
of paper, given you and yeur agents,
for charts and school supplies and
calling my attention to an opinion
rendered by Assistant Attorney Gen
eral Gunter as to continuing con-
tracts. as overriding an opinion given
By Assistant Attorney General Town
send, upon which latter opinion you
acted ip disposing of your goods
TIE state board of education has
some judicial powers but not Of the
nature you speak of, the validity OF
sbe claims which you have assigned
the banks and others comes under the
jurisdiction Of the courts Opin-
ions of the attorney general are
promulgated for the guidance of Off
Gals and no WEIGHT in the courts,
simply because they are the opinions
OF that officer, but only so far as they
concur with the law as laid down by
{ the courts. You were given 8 per-
mis By the state board TO offer your
wares TO the county boards of ednca
ton and If the county board of any
county gave you . written permit to
sell your goods in that county and
VOC contracted with the trustees of
q school district in the county and
delivered them goods, corresponding
TO the samples and prices as filed
with the state superintendent it
tie board &C lErustees approved and
signed your claim, and the same vas
conntersigned by the county treasur-
5er TO the credit Of the district, the
treasurer in my opinion is bound to
psy tine claim s1d if he refuses so to
do your remedy is though the courts.
you have complied With the law
90 above laid down and tine county
superintendent refuses to approve the
claim after having been approved BY
. maierity Of she trustees. then sud
IN that event I am Of the opinion the
courts will give you redress in the
proper sction before them. as in my
view the signature of the county
superintendent is entirely ministe
Tial.
AS 10 claim, part to be paid this
year and part another, until the courts
decide TO she contrary, hold the
views expressed 10 the opinion OF
Assistant Attorney General Q T.
Townsend In sny event your rem.
edy is through the courts and it 10
both ample and complete
Referring to your remarks on
school libraries / have to say that if
there is any law allowing the pnr.
chase with public funds of school
Libraries have overlooked it and as
member of the state board of edu
cation will most strenuosly oppose
The purchase of school libraries.
Yours, etc,
fSigned) v F Clayton.
B You can make such use
OF this letter as you think proper
TIE PUBLISHERS SIDE
Chicago. Iii April 25th. '99
Hon w. F Clayton, Florence, S G,
Dear Sir: Replying to your favor
of April 10th will Thank you for your
courtesy and will say that our letter
was prompted because i, appeared to
"a that an attempt was being made
By some of the state officers to en-
courage the repudi.iou of the obliga.
tiops made by the school trustees for
charts. etc TIE proposition origi.
naIly made to the state board of
education very distinctly specified
sthst we would give oue, two or even
three years. tine 10 cases where the
trustees desired it This proposition
was made by US in all good faith and
was. We believe, considered to be
favorable proposition BY members of
the state board We were fortified
by opinion of the former state super
iDteDdens and attorney general In
which it vas stated that the trustees
had authority to issue time warrants
Or 70 anficinaie funds that they were