Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1910-10-15
ATTORNEY GENERAL
CONLEY WRITES
The Letter Is of Especial interest to
the Vot RS of Berkeley
County.

ne ieUtef De.OW IRON Attorney Ten
eral Conley TO State Supt. Shawkey is
published at the request of County
Supt. Evans, who is a candidate for
reelection this fall. 1t seems that
the voters of Martinsburg never vot
ed before for this office. but they will
50 vote this year. The county super
intendent of schools has nothing to
do with the city schools, though he
holds the county institutes by virtue
Of his Office and the city schools are
counted with those of the county in
estimating the amount of his salary.
The opinion of the attorney general
this time and is herewith published in
full as follows:
Honorable NJ P. Shawkey,
State Superintendent of Schools,
Charleston, West Virginia.
Dear Sir;-I have the honor to answer
your communication of March Goth en-
closing letter from Willis F. Evans,
County Superintendent of Berkeley
ers of the independent district of Mar
tinsburg have a right to vote for a
county superintendent of schools of
the county of Berkeley at the coming
election.
The Constitution provides that:
"The Legislature may provide for
county superintendent and such Off
GERS as may be necessary to carry out
the objects of Article (the Article re-
lating to free schools) and define
their duties, powers and compensa-
ton"
In conformity with this constitu-
tional provision the Legislature in en-
acting the school law at the Extraordi;
nary Session of 1908 In section 113 of
that act declared;
"A county superintendent Of free
schools shall be elected in each coun-
ty by the voters thereof at the general
election held on the Tuesday after the
first Monday in November, 1910, etc. "
You will note that the voters of a
county elect county superntend-
ent and not the voters of any
special districts. The voters of an in
dependent school district are a part
of the voters of the county. The Leg
islature has a right under the Consti-
tuition to define the duties powers AMI
compensation of county superintend-
ents, and think the Legislature
would hova tho ,NOEar IN dac;opo+. the
manner and by what electors the coun
ty superintendent should be chosen.
Upon an inspection of the Act Of 1872
3, chapter PIG. which created the
school district of Martinburg | do not
find any restriction upon the general
'aw of selecting county superintend-
ent: and in section 10 of that chapter
| note that the county superintendent
is directed 10 perform a duty under
the general law relating to the district
of money for school purposes. The
county superintendent is very neces-
sary part of the general scheme of
free schools in this State, and there
fore has an official connection and in
fiuence directly or indirectly upon the
school districts. In the
case of Kuhn V. The Board of Educa-
ton w. Va at page $40, the SUI
preme Court said in relation t. indie
pendent school districts as follows:
What are called Independent
school districts as the one under
consideration, although created by
special acts, have, from the formation
to the present, been specially recognize
ed in the general acts; and roiwith-
standing the designation of 'independ-
ent, they nevertheless constituted a
part of the general system, sanctioned
by the Legislature as the m )st eff
cent for a particular locality
The general law directs that all the
voters in county shall select coun-
ty superintendent; and the special act