52 S.C. 201 | S.C. | 1898
Lead Opinion
The opinion of the Court was delivered by
This is a proceeding in the original jurisdiction of this Court, wherein a mandamus is prayed for to compel the defendant, as county superintendent of education for Laurens County, in this State, to approve three warrants for $50 each, issued to the petitioner by the trustees of school district No. 6, in Dial’s Township, in Laurens County, as a teacher of a public school in said township (which is a school district). When the return to the rule, issued out of this Court, directed to said defendant, requiring him to show cause why the writ of mandamus should not go, was made, and the reply of petitioner thereto traversed some of the facts therein, an order was made by us, dated 8th June, 1897, directing John F. Bolt, Esq., as clerk of the court of common pleas of said county, to take the testimony and report the same to this Court with all convenient speed. Such testimony for both sides to the controversy was taken and reported to this Court.
At the hearing before us, the petitioner contended that under the law, while the defendant, as such county superintendent of education, was required to approve all warrants or teachers’ pay certificates issued by the trustees of school districts within his county,,yet that such act on his part was purely ministerial; for by law the trustees of school district No. 6, which was a corporation, were required to maintain a control over said schools in their district; determine what school or schools were necessary; make contracts with the teacher or teachers thereof; were liable to sue and be sued; prepare and issue^pay certificates for such teacher or teachers; and that the trustees for school district No. 6 had determined that but one school was necessary for the whites in their district, had elected the petitioner teacher of such school at a salary of $50 per month, and he had accepted such office, and that the contract so entered into was within the funds provided by law to run such school in Dial Township for the scholastic year beginning in the year 1896 and ending in the year 1897. On the other hand, the defendant contended that while it was true, under the law, that the
It is the judgment of this Court, that the prayer of the petitioner for the writ of mandamus be denied, and that the petition be dismissed.
Concurrence Opinion
concurring. For the reasons set forth in the opinion in the case of the State ex rel. Williams v. Hiers, as superintendent of education, &c., recently filed, I concur in the conclusion announced in the opinion herein.