The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1899-09-08
LEGAL QUESTIONS
0R~gUBLIC INTEREST.
MAGISTRATE CANN2r ALSO BE A CEN.
sEs OFFICIAL.
Barred by tho Constitutiaa-A Point About
.tho KegIstration OF Vet. rs-some
Information about tho
School Law. ~
(The State, 3D.


In tho Attorney Goneral's office
these days thero are continually aris-
ing questions Of interest to the pub
lie. In the last few days quito a
number of such questions have been
disposed Of. Three of these opln-
ions are given below.
In a reply to gentleman from
Anderson, Attorney General Bellin-
gor writes:
Dear Sir: You ask in yours OF the
21st, my opinion as to whether one
who has been appointed to tho posi-
ton of Supervisor Of the census un-,
dor the United States government
can at the same time hold the Office
Of magistrate within this State; to
which [ answer:
In my opinion he cannot, as the
constitution Of 1896 expressly pro-
hiblts any one person from holding
two offices at the same time.
You further ask what in my opin-
ion would be the status of cases tried
before tho person acting as magis-
trate aftor appointment under the
United States government. TO this
L reply, that all of his acts performed
while he is de facto magistrate will
be recognized as legal by the courts.
beg to refer you to the case of the
State VS.. Coleman, 54th, S. c., for
full answer to this que ,tion.
VOTING QUESTION.
In reply to a citizen of Prosperity
the attorney general writes thus:
Dear Sir: In yours Of the 21st,
you ask "whether man who has
recently become Of age, and has Sc
cured a registration certificate during
this year, but who has not a poll tax
receipt on account of his reaching
the voting age after the time for the
payment of poll tax had elapsed; :;
is entitled to vote at a special cleo
tion called in your town, for the pur-
pose of establishing dispensary."
In reply L call your attention to
the fact that the law requires, Sec. !,
registration, 1896, that "the elector
shall have paid six months before
any election all poll taxes then due
J. and payable" 1t seems to mo as
clear that if no poll tax had been or
Gould be assessed against him; then
was not owing any, and that one
,uld not be demanded Of him az a
Prerequisite of voting, when it ap-
Sj'ears that he has been properly reg
istered. The constitution requires
IIissSSsas payment of all poll taxes prop
S@!sslek assss:s ssfassed against a party, and
payment to be shown
ss lpt; but of course if
at the time liable for
s|',s, annot affect his right
Sss ias' complied with all
ltirements Of law.
cRLIc SCHOOL Law.
gfequest of the Comptroller
80 condl, Mr.. Bellinger furnishes this
. Sis1lhion:
Dear Sir: Your lettor Of the 18th
inst, has had due consideration. In
it you ask for an opinion "as to
proper consideration to be placed on
IAN act entitled an act to at1ix the
times of the free public schools, etc,
etc. page 112, acts $780," You es.
pecially refer to sec. 9, and tho pro-
vision therein contained, relative to
your duties, which reads:-" shall
make his estimate upon the basis Of
tho allowance to each school in every
school district, out Of the three mill
constitutional tax and poll tax, the
sum Of $500, for the expense of
such term Of three months for each
school existing during the scholastic
year of 1897. 98." You ask: "Does
tho allowance mentioned here moan
tho sum apportioned by the county
board Of education to the various
school districts for tho apportion-
ment made by the school trustees to
the various schools in their districts 9''
Replying, I beg to give as my
opinion: That you, in determining
whether any deficiency exists, are to