The herald and news. [volume] (Newberry S.C.) 1903-1937, 1905-03-31
Attorney Generals Opinion.
Columbia, March 2S, 1905.

IOluI1Old, NldlSI 20, Ivy
Mr.. J. S. Wheeler, County Super
intendent of Education, Newberry,
S. C.-Dear Sir: You request to be
advised whether the county board OF
education OF Newberry county should
order an election for trustees for
Newberry school district. You state
that the matter has been called to
YOUR notice officially owing to the
action Of the last general assembly in
passing an Act (approved Feb. IL,
1oo5) purporting to amend the Act
establishing the Newberry school dis
trict, among other things by striking
out section 3 and inserting a section
in lieu thereof. Said section provided
a board Of trustees, the amending
section providing for a different num-
Der and a different manne Of selec-
ton.
The only question that I can con-
slider is as to the duty OF the county
board in the premises. There is moth
ing in the Act establishing the dis
trict or in the amendatory Act devolv-
ing any duty in reference to the Sc
lection Of trustees upon the county
board. Section I2Io OF the Civil
Code as amended by an Act APPROX
ed Feb. 2, 1908, (Acts 1908, p. go, is
the only authority for the county
board to appoint trustees or under
certain conditions to appoint three
persons to conduct IN election tot
trustees. This section provides that
the county board shall appoint three
trustees for each school district with
a proviso that this provision shall not
apply 20 special and graded school dis
tricts created by special Acts; but
that the trustees in such districts
shall remain the same in number, be
selected, etc., as directed in the spec
ia: Act. Hence. so far as the duty
of the county board is confined to the
appointment of trustees in the regu-
lar districts, of which Newberry dis
trict is not one, and to such duties as
may be imposed by the terms OF the
special Acts, and as already stated,
no such duty is imposed by the spec
iai Acts establishing the Newberry
district. There are two exceptions
as to the above in the appointment
OF election of trustees in special dis
tricts. First, In those districts where
the trustees were appointed by the
state superintendent of education I'M
der the provisions of the special Acts
were to hold Office until the
first Tuesday in July, 1896,
on which day and every two
wears thereafter trustees wer to be
elected. There is no suggestion that
Newberry district comes under this
provision. Second, In districts hav-
ing a population of not less than
5000 inhabitants and in which the
boards are not fixed by special or
specific legislation, may elect a board
etc. Whether the board for Newber-
~ district is fixed by special legisla-
ton need not now be considered, for
I am advised that the district has in
sufficient population to invoke this
provision. The direction that the
election OF all trustees for all such
school districts" shall be by ballot
conducted under the supervision Of
three qualified electors to be appoint
ed BY the county board OF education
applies to the two exceptions above
noted (Which does not include the
Newberry district), and not to the
special districts unless they fall with
in the purview Of the exceptions. This
is manifest for the reason that the
section (as we'll as the. scope of the
school law, carefully reserves to the
special districts an autonomy in the