Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1912-09-14
FIELDER WILL NOT
JUDGE TITLE Of
SCHOOL CHIEFS
Attorney General Says 1t Would
Be Improper for Him to
Answer Pound.

FNi'SFHSi . NN'fNH
In brief but exceedingly pointed |
communication 10 State Superintendent
of Schools Britain, Attorney General
Fielder today declined to render an Of
fetal opinion as to the present state
board of education's title to office, hold
ing that to do so would be an improper
use Of the attorney generalship.
The request for an official opinion
came to the attorney general several
days ago. from the office of the state
superintendent Of schools, but not as
request originating in that officials de- !
partment
Mr.. Britain made it clear that the
opinion was asked for entirely in be-
naf Of Jere M Pound Of Athens. one
Of the unconi,med Hoke Smith APP
polntees to the state board Of educa-
ton, said to be determined to contest
the title of the present board, at least
with respect to two Of its members.
Glenn and Moon.
The attorney general holds that for
him to give an opinion, without an eX-
ecutive request for the same, would
place him in the attitude Of passing
upon and reviewing an executive order
and an act of the governor in his eX
oftlcio capacity of chairman of the state
board Of education. This attitude the
Iattorney general will not assume
Gives Reason For. Declining.
The attorney general cites the law
under which his opinions may be asked
and obtained, and plants himself
squarely Upon it in declining Professor
Pounds request, via superintendent
B ittain.
The attorney generals letter follows.
am in receipt of your letter of
the 18th inst. conveying the request
Of Professor Jere Nj. Pound for my
opinion las to the validity of his
membership on the state board of
education under the facts recited.
Replying thereto, | beg to say
that the constitution Of the state
makes it the duty of the attor-
ney general to act as the legal ad-
wiser of the executive department"
To render an opinion on the ques-
ton presented by Professor Pound
would require that | review and
| pass pun tlic lcSdlLN VI an tAeNu-
tive order of the governor and GER
tain of his acts as chairman of the
state board of education To do
| this in the absence of a request
from the governor would be an inn
proper use of my office. Indeed, |
am without authority of law to give
the opinion unless request for the
same should come from the gov
ernor. The duty of the attorney
general in this regard is prescribed
by statute which is as follows:
Doesn't Deem It Proper
1t is the duty of the attorney
general when required so to do by
the governor
ITO give his opinion in writing
or otherwise. on any question OF
law connected with the interest Of
the state, or with the duties of any
of the department." Civil Code
Sec 254
DO not, therefore, deem ii prop
- err for me to render the opinion re-
quested by Professor Pound.
Yours very truly,
r. s FIELDER
? Attorney General
= Today's action Of the attorney gem
eral MAKES the matter of contes ting
the titles of the 3 own recess ap-
pointees, Glenn and Moon. cXaCely what
t Governor Brown has insisted IT must
: be made eventually, if undertaken-a
} question of court procedure absolutely
I If MI. Pound feels that his Hoke
, Smith imperative title is superior 10
F., Governor Browns recess commission
: now in the hands of Glenn and Moon,
Y his only remedy is in. the courts He
! may go there of his own motion. but he
must go without the opinion Of the at
I torncy general to back him
Other Smith Man Satisfied
, j. c. Langston, the other Hoke smith
, appointee to the state board. displaced
2 by the Brown recess appointment, wrote
to Cove nor Brown several weeks ago
that he was satisfied with the Brown
{ appointments, and would make no move
TO invaHdate their titles
If any further action against the
T present board is taken it must be taken
, by Pound alone, as Langston is stand
] ing pat on his determination to let the
matter rest
What M Pound viii do under the
2 turn given adaiVs by the attorney gen
2 Gals opinion has not been minated