State v. Green
| Decision Date | 20 March 1916 |
| Docket Number | 16751 |
| Court | Mississippi Supreme Court |
| Parties | STATE TO USE OF LINCOLN COUNTY v. GREEN, COUNTY SUPERINTENDENT OF EDUCATION ET AL |
APPEAL from the chancery court of Lincoln County, HON. G. G. LYELL Chancellor.
Bill by the state of Mississippi, for use of Lincoln county against Edgar Green, county superintendent and others. From a decree dismissing the bill, plaintiff appeals.
The facts are fully stated in the opinion of the court.
Decree affirmed.
Lamar F. Easterling, Assistant Attorney-General, for appellant.
Jones & Tyler, for appellees.
The state of Mississippi, for the use of Lincoln county exhibited its bill of complaint against Edgar Green, county superintendent of education, and the United States Fidelity & Guaranty Company, surety on his official bond, seeking to recover large sums of money for the alleged failure of this officer to perform the duties of his office, constituting what the bill avers to be a breach of the bond. The action is instituted by and through H. V. Wall, the district attorney, and is based on several grounds or causes of complaint. Appellees, as defendants in the court below, filed special demurrers to each of the separate alleged breaches of the bond or items claimed. The demurrers were sustained by the chancellor, the bill dismissed, and hence this appeal by the state.
The first item claimed is the aggregate sum of one hundred and eighty-one dollars and fifty cents, which the county claims should have been deposited with the county treasurer as a part of the institute fund and as the proceeds of the fees of fifty cents provided by section 4590, Code of 1906, to be collected by the county superintendent from applicants to teach. Under section 4549 of the Code, special examinations may be held, and under this section "the superintendent may require each teacher so examined to pay a fee of two dollars and fifty cents." The bill admits that the claim of one hundred and eighty-one dollars and fifty cents is made up of the fifty-cent fees which, it is alleged, the superintendent should have collected on the special examinations of teachers authorized by section 4549.
Construing sections 4549, 4590, and 4591 together, we do not think the statute requires the collection and deposit with the county treasurer of this institute fee when special examinations are held under section 4549. This section provides for emergency cases, and the licenses issued are valid only until the next examination.
The claim of five thousand, nine hundred and sixty-four dollars and thirty-five cents as the proceeds of pay certificates unlawfully issued to teachers holding illegal and fraudulent licenses was by consent of counsel withdrawn, leaving other items claimed as follows: six dollars and fifty cents as excess money paid examiners: eight dollars and seventy-five cents unlawfully paid Mrs. Green, wife of the appellee, for service as member of the school board of examiners; four thousand, seven hundred and ninety-eight dollars and forty-seven cents paid teachers in excess of the amount called for by their contracts; eight thousand, nine hundred and twenty-seven dollars and sixty-five cents paid teachers with whom no contracts had been made; one hundred and forty-three dollars and fifty cents paid assistant teachers when the average attendance was not sufficient to justify the employment of an assistant; two hundred and two dollars and fifty cents paid assistant teachers in excess of the maximum salary allowed by law; two...
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