The people's journal. (Pickens, S.C.) 1891-1903, 1901-09-05
AN IMPORTANT DECISION.
school Warrants Cannot be Issued
Unless Money In Hand to Paw
Them

Unless Money In Hand to Pa
Them.
Inc Columbia correspondent of tn
NccS nnd Co'ricr says "A case whic
VIII interest great many people, an
Whlch VIII mean great deal to ccrtai,
interests, has been decided by judo
Gary. He holds that the variants -
sued in payment of chart supplies arr
null and void. The decision was rem
dcrcd i'll the case of the Loan and Ex
change Bank, which held about S2,ll2
Judge Gary in his opinion says
'Ths is an application for writ 0
mandamus requiring Frank w. Shea
ley, as treasurer of Lexington County
to pay to plalntiT certain warrants
drawn by various boards of school
trustees for the several school districts
OF Lexington County, and approved by
lhc county supervisor OF said county.
"lhc two cases are similar aud as the
same questions are involved IN both II
was agreed by counsel that both should
be heard together. Without under
taking to state fully the issues raised
by the plcadinys, | ann satisfied that
The whole case can be disposed of by
considering the main question in the
case, which Is The validity OF the war
rants of the several school districts
upon the county treasurer for I.cNinr.
ton County. The smd warrants we're
drawn ut Il period ranging from the
10Th Of December, 1898, to the 2Ist of
January, 1899, and were made payable
january |, 1900.
"Thc contention Of The defendant is
that the several boards of trustees had
no power to draw said warrants, for the
reason that the same were in excess of
the funds appropriated to their school
districts at the time said warrants were
drawn and are therefore void, and that
amy warrant drawn TO become due at a
future day is in the nature of ccrtiIi-
cate Of Indebtedness and under the
statute law Of this State is VOID.
"Did the said boards Of trustees
have the power to draw their warrants
on the county treasurer on funds not
then on hand applicable to the pay
ment OF the expenses Of their SAID
school districts ? The authority OF
county boards Of trustees to contract is
derived from the statute creating them,
IN which they arc prohibited from
making contracts for any year in cX-
cess of the funds for that year. The
proviso Of Section ,15 of the school law
Of 1896 is rs follows 'providcd, that
all contracts which boards Of trustees
may make in excess Of the funds ap.
pr0priatcd TO their district shall be
void.'
"Ict us now look into The contract
entered into by this board and asccr.
tain II such contract comes within those
prohibited by the Act. The warrant
issued by said board shows on its face
that said board purchased for the use
of their school district either in De-
ccmbcr, lS9S, orin January, 1899, Ger
tain charts for the use of schools,
known as Evans's Arilhmctical Study.
"It certainly was the purpose and
intent OF sail board that these charts
were to be paid for out Of the school
fund, for which they were purchased.
Finding, however, ut the date of such
purchase that there was no fund apDi-
cable to the payment Of such purchase
they attempt to avoid their dilemma by
expressing, in the warrant, that The
same is to be pald out OF II fund to be
accumulated or raised in the future,
and, therefore, make the same payabl,
on the first day Of January, 1900, &
year later. If, then, there was no iunt
on hand with which to pay thia indcbt
cdnC3S the conclusion is Irresistible
that such contract was void under sal,
prOViSO, as being in excess OF the funds
appnrtioncd to said school district, and
therefore, unauthorized and made v0it
by th" statute. The petitioner in thi!
case must have known from The very
terms of the warrant that his contract
was one prohibited by law. lie can
not, therefore, plead that he was the
purchaser OF a negotiable Indebtedness
without notice ; the warrant that he
purchased appraised him Of the fact that
it was issued without authority Of law.
Besides, the instrument itself is not
such Il negotiable paper as would pro.
tcct the purchaser. He took it sub jcct
to I'LL equities and legal dcfcnccs that
could be pleaded between the original
parties.
"Aly conclusion Is that the board OF
trustees made Il contract for The pllr.
chase of charts for the use Of thor sew
cral schools Il; Il time when there was
no fund available for such purchase,
and the mere fact that said claims were
made payable al Il later or future time
out Of fInds not then appOrtiomcd tC
their said schools was simply an effort
| TO avoid the foregoing provision Of law
and that sad contract Of pun uchasc is
null and void.
"Il is, therefore, ordered that th,
writ OF mandamuS he refused.
"EENEaT GARY, Circuit Judge.
"Coi"wbin, 5. g., n "y. 20 ,Il9Ol."
Practically every county in the Stat,
is interested in this decision, except
few where the county officers Ignored
the opinion OF the Attorney Genera
aud went ahead and paid the claims
for charts.
| lz11t . S6snB~-
" a new historical romance. Posi-
| kn ,l