The Montgomery advertiser., 1908-06-07
SPECIAL ACTS
 IN DANGER School Districts Are Vitally Affected. THE NEW MUNICIPAL CODE Question Came Up from Perry
 County. Attorney General Makes Ruling Upen The subjeet--schooI Trustees May However solve auestion
 which Bids Fair to Be

An opinion of Attorney General Alex M. Garber handed yesterday to the De- partment of Education on the status of the Marion School district is believed to augur trouble in many parts of the State. It is predicted that. on investi- gation, the Municipal Code act of the last Legislature will be found to have repealed large number of special acts of previous legislatures providing special public school districts.
 The Attorney General believes there is no doubt that the act establishing a separate school district in and around the city of Marion is repealed by the Municipal Code. That is the sense or his opinion of yesterday, rendered on request of Charles c. Johnson, super intendent of education of Perry coun- ty, whose letter passed through the Department of Education
 The Attorney General does not com init himself to the general proposition that other separate districts are re- pealed by the Municipal Code because Marion is a victim. However, 1t looks like difficult task to escape such a conclusion.
 The result of the ruling in the Marion case is that the district which formerly embraced not only the City of Marion but several miles of outlying territory as well will be confined strictly to the corporate limits of the city. It is not believed. however, that the situation will cause more than a little incon- venience on the part of the school authorities of Perry County. Accord ing to the best lights before the people formerly in the Marion district but now to be excluded, their trustees may elect to join themselves to the district com prising the city or become parts of other districts adjoining.
 AOkf 4c taken the school child who lives q foot outside Marion's limits may have to go two miles or more before he can reach a free public school.
 It is the desire and purpose of the Department of Education to disentangle the laws as much as possible with a view to defining exactly all districts as affected by the Municipal Code law or any other law of the last session of the Legislature.
 Showing how the Marion special school district act was repealed by the Municipal Code, the opinion of the At torney General follows in full:
 "Hon. Harry c. Gunnels, State Superin-
 tendent of Education, Capitol.
 Dear sir--Severai days ago you sub mitted to me letter from Mir. Charles c. Johnson, County superintendent of Perry County, dated February IS, 190y addressed to you, and two letters from Mr. Clifton c. Johnston, City Attorney of Marion, one bearing date of Febru- ary 25, 1908, addressed to you and the other May 9, 1908. addressed to MT. Charles c. Johnson. County Superin- tendent You enclosed also copy of your letter of February IS, 1908, in re- ply to Mir. Charles c. Johnson's letter of February 15, 1908.
 You request me to advise you whether the views expressed by you in your letter of February IS, 1908, to MT. Johnson, are correct
 After a careful consideration of the entire question. have reached the conclusion that your position as de- fined in your letter of February Is, 1908. is correct; and that Section goo of fhe act of August 13. 1907 (known as the Municipal Code) repeals the local or Special Act creating the Marion School district, so far as the same ts in conflict with the provisions of the Municipal Code. This local or special act is not exempt from repeal by reason of the provision contained in Section TIT of the Municipal Code (section 1857 Code of Alabama of 1s07) which section finds practical application, as I am advised by you. only to the peculiar school systems existing in the counties Of Mobile and Dallas. I remain,
 Yours very truly,
 Alex M Garber,
 Attorney General