Americus times-recorder., 1920-03-01
ALL SHOULD VOTE
ON COUNTY SUPT.,
WALKERS VIEW
Attorney General Gives
Unofficial Opinion
Fight On McMath


FOR county superintendent of schools
came to light today in the form of
letter from Attorney General Clifford
Walker unotficially interpreting The
new election law which has resulted
in so much confusion here and else
where in the state, the statute pro-
viding that voters living within an in
dependent school system, such as the
Americus district, may not participate
IN the election of county superinten-
dent.
1t is reported that considerable
hight is being made on County Super
intendent McMath in some of the ru-
raj districts, despite the fact that he
Is regarded as having been a good Off
clal and shown much progress in fur
thering the rural school consolidation
movement, which is recognized to
have meant more for the development
of Sumter countys' schools than any
other movement ever undertaken. It
is being charged against him that he
belongs to the "city crowd" and that,
since the city is barred from voting
for superintendent, now is the oppor-
tunity to 'swat" the city and place a
country man in the office. E. W, Du.
pree, principal of Anthony school,
has been entered by opponents of Mr..
McMath and fight for his election is
being made. Friends of progress in
the rural schools are urging that Sup
erintendent McMath's record be en-.
dorsed by his being returned to the
Office.
No Mention of Law.
Tbot xyokovo H. 49, IA.
its of independent school systems
should not be barred from participat.
ing in the nomination of county
school superintendent in the county
primaries, and that the law did not
contemplate that they should be is the
unofficial opinion of Attorney General
Walker. He points out that the state
constitution provides that the county
officers shall be eleced by the qualified
voters of their respective coun les.
The law also requires the superintend-
ent to maintain his Office in the coun-
ty site, resulting in practically all Of
them having their homes there. The
law, he says, was enacted specifically
for Fulton county; also, he says, it
has been interpreted as not applying
to primary elections. The letter, ad-
dressed to P. C. King, at Fort Gaines,
answers questions sent to him from
various parts of Georgia and has been
distributed as a circular.
The letter was taken under consid-
Grafton by Chairman ]. A. Davenport,
of the county executive committee,
but he decided, since the letter was
not an official opinion, that it did not
70 lCh ba -,
guidance, and did not warrant the
calling of the committee to recon-
slider plans for the election in regard
to this office.
The letter follows:
The Unofficial Ruling.
"Mr. P. C. King, Ft. Gaines, Ga.
Dear Mr.. King Replying to
your letter of yesterday, as you say,
the matter does not come within the
jurisdiction of this department.
have had number of inquiries along
the same line. The matter is very
much involved in doubt. 1t is doubt
full as to just what the legislature
meant by an Independent school sys-
tenn not under the supervision of the
county school superintendent. | un-
derstand that that provision was put
in the school code for the purpose of
taking care of Fulton county largely
and probably without due considera.
ton as to how it would affect the re-
naming counties Of the state. Then,
too, the provision nowhere mentions
primary elections. | understand that
it has usually been Interpreted that it
does not apply to primaries. The
question salso involved as to whether
a county superintendent of schools is
a county oiicer or not. I am inclin-
ed to the ipinion that he is. Then
there is th constitutional provision
that countypficers shall be elected by
the qualifie9voters of their respective
counties. Iho not understand that it
was the intation of the legislature to
disuualify aesident of these indepen.
dent school sstems for election to the
\ foffice of suptintendent. The law re-.
uuires that he Superintendent keep
his office atihe county site. Prac-
tically all of hem live there. Many
of the indemdent systems are 10.
Gated there. get the impression that
the term "Guifed voter" has refer
ence to votin for members of the
general asseniy. Also it has been
nv understanog that in the absence
of positive prision to the contrary
most of the cnties have permitted
the residents these irdepnndent
school systems vote in the primary
elections.
Trusting ththis NAV be of some
service to youand again assuring
YOU Of my pl"are in serving You
whenever possi.. am. with best
wihns, and resds, sincerely your
R-sood