The Marlboro democrat. [volume] (Bennettsville, S.C.) 1882-1908, 1901-10-25
CANNOT he CHARGED.
Public Schools Must be Free in Faot as
Well as Name.

| 3sii4s3sEj w OH aB Mamo.
Assistant Attorney Gonoral Gunto
Tuesday handed tho State auperin-
tendcnt Of education an opinion Of far.
reaching Importance. Undor this opin.
ion tho Law Of the State forb;dy school
districts to charge pupils incidental
fees going 10 mako up tho tition foop
which they cannot legally charge. It
will affect many q public school in
tho State whose resources have thus
beon most materially added to from
time to timo.
This opinion has no bearing upon tho
decision Of tho supreme court rond cred
aome timo ago, in tho Re ok Hill osso,
which allowed tho charging Of suoh
foes in sohools. In that case tho schools
wero chartered, and the charter gavo
tlo right to charge supplemental and
Iihsidental foes. If =.
Mr. Gunter's opinion reads as fol-
lows.
Dear Sir: Your request to be ad-
yisod upon tho following question:
"Can q board Of trustooB Of floo
school charge an incidental feo or in,~
poso any other kind Of cost 90 pro.
rcquisite to ontranoo Of scholars to tho
public sohools?"
am of the opinion that the boards
oan impose no Buoh ohargos. Tho board
Of trustees being Of statutory oonstruo-
tion osn hsyo no authority except euoh
as granted by statue. Boards Of tTus.
toes are croated uadora general sohool
Law. This law provides for tho con.
ploto free school rchcme Of the State,
and 10 ontitiuaa aT aot to declare tho
tree school lew Of tue Ssato, approved
MAroh 8, 1896. The tito as woll ss tho
body of tho aot donotos the intontioa
Of tho goporal assembly to give tho
people free school. Not only free
in namo but FREQ in isot.
After d careful poruaal cf ovory geo
tion of the act ! havo boen unabio to
find any aus] ority, either dreot or By
implication, to impose the feo reenIrod
to. 1t is true that tho boerd Of trus
tees arc charged with the management
Of the FREQ schools Of their respootiyo
districts, and arc giyoa authoriSy TO act
so as best to promote the educational
intoregt Of their district." But this
doc, not apply to tho fnanoial 70
souroes of district Thah feature ia
loft to the tag ooileotiIg and tax dis.
bu1aing machinery. Tho tgustccs arc
given authority to distribute aid OK.
pond tho oohool funds Of q district for
tho best interest Of tho district. Thore
can, therefore, be no excuse to attompt
to raise fundu for any incidental pur.
pose by an incidental fee for the whole
sum raised by taxation ia available for
any educational purpose.
If q board of trustees oan impose a
anall fec they could likewise impose q
large fec, thoroby making attendance
impossible, aud thus thwarting the OBJ.
| ject of Q FREQ school law. This conolu-
alon has, Of course, no reforenoo TO
sehoola operating under special char
ters or special legislation, wherein au-
thoTty is given to charge foes or tut
tion, tho Supreme oourt having re-
centiy Sustained suoh power. Tho
cases passed upon by tho eupromo
oourt having no bearing upon sohoo Is
operated under the general Fl achool
Law Of the State.
FURTHER INFORMATION.
AS result Of tho rocent opinion of
Assistant Attorney General Guntor
that public schools have to run out of
thoir public funds inoomo only and
cannot charge inoidontal foos for main.
tonanoe, number Of questions have
been propounded from dlfferent por.
tions Of the State. Tho folio wing is a
further opinion in reply to a typical
lettor received Thursday:
Dear Sir You request to be ad-
visod whethor a board Of trustees Of a
free eohool can pay, for tho oporsting
expenses Of the sonool, suoh az fuel,
rent, etc., out Of tho school funds OF
tho district.
This question you state is in Wow Of
an opinion Of this ofioo that on inoi.
dontsl fse cannot be paid for suoh q
purpose. Tho general school law Of
1896 cloarly vests suoh otfioors with
that authority.
Sootion 26 Of that law Directs that
tho sshool funds Of each district shal
DO expended by tho board Of trustoos
according to their judgment for tho bes,
interests Of tho school district.
Section 44 makes it duty of tho
board of trustees to provide suitable
school houses in their district and to
make tho sam0 comfortable.
| Section 42 provides how such claims
shall be approved. From these extraotu
aB woll as from confederation OF .ht
scope of the free school Law, it ID mani
test that tho trustees have such authori
ty.