The Semi-weekly leader. (Brookhaven, Miss.) 1905-1941, 1916-02-12
SAYS THE TEACH
ERS MUST BE PAID
Attorney Shows Authority to Board
Whereby Holders Of Warrants
Will Get Money.

A'case of much interest to the
teachers of Lincoln County who
have not been paid for teaching
last session came before the Board
of Supervisors Thursday.
Hon. H. Nick. Fulgham who
was representing O. E. Dees, prin-
Icipal of the Little Bahala school
presented a new phase of this
question which it seems will pro-
vide the teachers who follow his
course the needed relief.
1t has been the belief heretofore
that teachers who had not received
their pay when there were no
funds left from the preceding year
had no recourse except to sue the
county superintendent and his
bondsmen and it seems that some
have followed this course.
Mr.. Fulgham's contention was
that section 1927 of the code pro-
vides the necessary relief. Section
1927 reads as follows; -
In any county where there are
outstanding school warrants or in
debtedness due teachers for teach
ing in the public schools, the
Board of Supervisors shall inquire
into the business of such unpaid
claims, and if they believe it to be
right and proper for the same to be
paid they may take up and cancel
the same and cause a warrant to
issue to the proper person on any
county funds in the treasury for
such amount as they may determine
to be justly due. In counties
where such outstanding indebted
ness exists and no funds on hand
to pay it, the Board of Supervisors
of such counties may make a spe-
cial levy, not to exceed one mill IN
any one year to pay the same. .
In support of his contention Mr..
Fulgham cited a case from Law
renee county that has recently been
decided by the Supreme Court and
in which the Supreme Court said:
"The lawmakers anticipating that
some of the counties might fall be-
hind in the payment of school war
rants passed section 1927. If the
unpaid claims are just the Board of
Supervisors may either take up and
cancel the warrant and issue in
lieu thereof a warrant on any
county funds in the treasury or in
case there be no funds in the treas
ury special levy may be made to
pa the same. =
THE Board of Supervisors claim
that this section confers upon them
the discretion to allow or disallow
on the unpaid claims. We do not
so read the law. If the claims are
just and owing, the board has the
discretion as to how the claims
may be paid, but no discretion as
to whether they will be paid or not.
The statute provides means by
which the board may pay the debts
of the county, and by one of the
means the board must pay.
We think that section 1927 is
peremptory although the words en-
ployed are permissive in form. =
1t was the contention of Mr..
Fulgham that when a teacher had
in good faith labored and perform
ed his part of his contract and had
not been paid that he should not
be denied his money and that he
should not be put to the expense of
an attorney to file suit
against the Superintendent and his
bondsmen and may be have to wait
two years to get the balance that
would come to him, after many
days lost in attending court.
This is right and just. When a
teacher has earned his money from
teaching on a valid contract which
the county made and carried out in.
good faith on his part his earned
salary should be paid.