The herald and news. [volume] (Newberry S.C.) 1903-1937, 1905-03-28
THE ELECTION OF
SCHOOL TRUSTEES
Dirty OF COUNTY BOARD TO
ORDER ELECTION.
Assistant Attorney General Stated
That as His Opinion-Cha1rnan
Iohnstone's Statement.

nat IL IL lliS N'N
hoard OF education to order the elec-
non for five trustees OF the New
berry graded schools, provided TOR IN:
the amending Act passed at the last
session OF the general assembly, was
,hc opinion expressed by Assistant
Attorney General w. H; Townseno'
in q telephone communication win d
gentleman in Newberry, held on oat-
,rdav, at the request OF the county
superintendent Of educatlon-
The attorney generals Office. has: as
vet rendered no written OPINION III
1be matter. County superintendent
- Education J. S. Wheeler was IN
Columbia yesterday morning. put a'
-b,t time the OPT ION had not been
nrepared. MIR. Wheeler was pron'S-
"A that he would receive the written
opinion on Wednesday. he stated
Yesterday after his return from W
1,,nbia that he would be bound in MS
lNLtIDlo sN
action solely by this opinion.
The opinion was requested os
County Superintendent Wheeler al
ter 4 request made on Saturday oy
Senator Cole. L. Blease, that the coua-
=, hoard order the election. Inc re-
quest was made in the othce OF the
. county superintendent OF educat'on'
Mr.. Blease's Request.
Mr. R,ease, addressing Mr.. Wheel
er, said: ~
Il came in here to request you ~
order an election for trustees OF tne
Newberry graded schools, unoer ,He
Act of 1905. was in Columola 'nis'
morning and Assistant At'o'n1S
General Townsend told me that ne
had advised MI. Bynum that IT was
the duty of the county board 0, e1u
.,t;or 70 order this election and tha'
Mr.. Bynum asked him not to put 'na'
N his opinion, as he only wanted ans,
70 the questions which ne hao
asked, and the assistant attorney gen.
sr,, then struck that out OF MS op-
;n;on. Mr.. Townsend SAID II was
clearly the duty Of the county ooaro
~ education. under Section 1,2lo u
the Code Of Civil Procedure, 1902 oul
hat Mr.. Bynum had told him ne
wanted only specific answers to the
snecific questions which he mao
asked that he. Mr.. Bynun, was IN
structed to secure answers to THESE
question and nothing else.
immediately after this request was
made the assistant attorney general
vas called on the long
'nhone, al the request OF the county
superintendent Of ~educatlon' II
stated that it was his opinion that II
was the duty OF the county board Oh
education to order the election ana
he had so held in his former oplnion'
brt that this part of the opinion hao
NOT been inserted in the written op-
sn;on, because the assistant attorney
aenreal had been requested to leaVe
it out and to reply specifically only
10 the specific questions asked III INC
request for the opinion.
Chairman Johnstone's Statement.
Mr.. Alan tombstone, chairman OF
,he board of trustees OF the Newoe1-
~ GRADED schools, was seen yester-
day by a representative OF the Her-
aid and News. and was requested TOR
= statement as to the position OF the
hoard in view of the statement maze
By the assistant attorney general to
the effect that it had been his OPINION
that it was the duty Of the county
hoard of education to order the cleo
tom. and that this opinion had been
made known to the attorney repre-
s~entiup the board OF trustees.
MIR. tombstone issued the follow
ing statement:
In order that there may be no mis-
understandings. will say that | IN
strrcted Mr.. Bynum to hunt up alone
the duties and powers OF the trustees
Of the Newberry school district, as l
desired alone to keep their record
strai5ht This | did while on the v