The Mathews journal. (Mathews C.H. [Court House]) 1903-1937, 1912-02-01
DENIES REPORT |
MADE BY PAPER
RICHMoNp VA snao,s,

X 9 II M o N d, " A, Special. -
Attorney General Williams today
sent the following communication,
wnieh is sen-explanatory. TO the
In an editofiM which appeared In
your Issue Of January rs. 1912
CThursday), yon- boldly assert that 1,
as Attorney General OF Virginia, am
invested with full authority to bring
suits against the book publishers for
failure on their part to keep and per-
FORM their contracts with the State
Board of Education. This assertion
'ot yours flatly and sQuarely contra
dict and deny. and assert that there
is no such law in existence authoriz-
ing the Attorney General to institute
suits IN such cases. The duties of the
Attorney General are clearly defined
by law, and 1 challenge you or any
lawyer In Virginia to show any stat
ute, rule OF law or precedent which
authorizes the Attorney General, of
MS own motion. to bring suit on any
BOND or other obligation made paw
able to the State Board of Educa-
ton, or to any other governmental
agency created by the Constitution
and laws Of this State. and it would
De an unwarranted assumption Of au-
thority on my part to bring such suit
without previous direction.
You next assert that suit on these
ponds could be brought in the Circuit
Court OF the city of Richmond. There
is no statute clearly defining what
court has Jurisdiction, and this would
have to be determined by the resi-
dence Of the defendants or by the
place where the contract was made
and entered into. What 1 meant in
my statement to the legislative COM
mittee on this subject was that in
certain cases clearly defined by stat
ute, Jurisdiction OF certain suits had
been clearly conferred on the Circuit
Court of the city OF Richmond. and
by reference to the statutes il will be
seen that these are suits in which
the commonwealth itself is a party;
not cases i'm which one of the boards
OF the State, such as the State Board
OF Education or Board of Agriculture
is a party, and I recommend that
jurisdiction be conferred on the Cir
cult Court of the city Of Richmond
IN cases OF suits on bonds made pay
able TO the State Board Of Education
If YOU or any lawyer in Virginia can
cite any statute expressly comforting
f i1r .,,,i upon the Circuit Court OF
III be obliged to you TO do so.
lie contracts entered into by the
Board Of Education TO furnish school
books tc the pupils in the public schools
or this State Cloth elementary and
explicit provision:
IS. The books and publications en-
oraced IN this contract shall be placed
part, upon sale and for exchanges al
points convenient and accessible to the
counties and cities OF the Comon,
wealth, SO that the pupils in all the
public high schools in said school di-
promptly supplied with said books
whenever they may desire to obtain the
rrices. or by exchanges al the eNehsnSn
prices, or otherwise upon the terms
Shers,ts9r as fixed by this contract.
lut the provisions or this section OF
.e contract in any county or city Of
IRIS state where public high schools
ave oeen or may hereafter be estab-
shed and in each and every instance
4 such failure. the said party OF the
the n2 st part t psy to the SAID party
,ars as liQuidated damages recoverable
oy action or motion on - bond. and
said sum or sums the said party OF tho
second part and the sureties on -
bond shall be liable"
honestly believing that these book
concerns have not complied with this
provision OF their contract. and are not
now complying with il, and that This
fact can be clearly shown In a suit on
these bonds. repeat that il IL can be |
SHOWN that L. of my own motion, am |
without authority from the STATE
Board OF Education. then I will most
certainly and promptly do so, and / |
VIII nnu some court. that has jurisdfc-
tion to try the case
The Attorney General. by the Con-
and laws OF this State Is
made eX officio a member OF the STATE
board OF Education. and no amount OF |
hostile newspaper criticism can in the
leaSt deter me from doing what 1 hon
estiy believe to be my duty or from
ioing what is Just and right in my
luosinent towards the people of this
state ana the patrons and pupils OF the
public high schools, both in regard to
the school books and all other matters
Affecting the interests of the nnhItS
free schools OF Vfrpin;a F~