The herald and news. [volume] (Newberry S.C.) 1903-1937, 1905-03-31
THE COUNTY BOARD IS
WITHOUT JURISDICTION
so SAYS ATTORNEY GENERAL
GUNTER.
Reverses Verbal Opinion Expressed
By Assistant Attorney General
In Graded School Matter.

ton is without jurisdiction in tire
matter of ordering the election Of
trustees for the Newberry graded
schools, provided for in the amending
scho>l Act passed by the general as
sembly at its last session, is the op-
inion of Attorney General Gunter,
forwarded to County Superintendent
of Education J. S. Wheeler, the at
torney general thus reversing the
verbal opinion expressed by his assis-
tant, Mr.. w. H. Townsend.
The legal tangle which has come
about since the amending school Act
was passed by the last general assem-
bly, has been freely discussed by all
those interested and has been the SUBJ
ject of general interest in Newberry.
The Act abolishes the present board
of trustees of the city schools, con-
sisting of seven life members and
four elective members, providing that
on the first of June the present board
shall be succeeded by board Of five
members, one from each ward, to be
elected by the respective wards in
April Through an oversight the
Ac: did not provide the manner OF
election of the new board of trustees,
and the question has been whose duty
it is to order the election. The pres
ent board, through its attorney, Mr..
F. L. Bynum, secured an opinion
from the assistant attorney general
stating that the board OF trustees
was not charged with the duty of or
dering the election and that, under
the law. the present board remained
in Office until its successors were
elected and qualified.
After this opinion was rendered
Senator Cole. L. Blease requested the
county superintendent Of education
to order the election, stating that As
sistant Attorney General Townsend
had told him that he had advised Mr..
Bynum that it was the duty of the
county board of education to order
the election "and that Mr. Bynura
asked him (the assistant attorney
generaD not to put that in his opinion
a, he only wanted answers to the
questions which ne had asked, and
the assistant attorney general then
struck out that part Of his opinion"
Thereupon Chairman Johnstone, of
the board of trustees, was interview
ed, and stated that Mr.. Bynum had
acted under instructions. II APPROX
ed his action in taking no statement
as to any one else's duties except the
trustees" said Mr.. Johnstone, DE
cause I had instructed him to take
none other"
The opinions above referred to, the
request of Senator Blease and the
statement of Chairman Johnstone
have all appeared in full in The Her
aid and News, and they are referred
to here simply to put the whole rec
ord straight.
Immediately after Senator Blease's
request was made to County Super
intendent Of Education Wheeler, As
sistant Attorney General Townsend
was called over the long distance
phone, at the request Of County Su-
permit endent Wheeler, and the assis-
tant attorney general stated positive
ly that it had been his opinion that it
was the duty of the county board to
order the election, that this part Of
his opinion had been left out Of the
written opinion at the request OF Mr..
Bynum, and that he would forward
as soon as possible written opinion
to the effect that it was the duty of
the county board of education to Of
der the election.
County Superintendent Wheeler
went to Columbia and called at the
attorney generals Office and was as
sured that an opinion would be for