Ex parte Florence School

Citations

• 43 S.C. 11
• 20 S.E. 794
• 1895 S.C. LEXIS 117

Syllabus

<p>1. Mandamus should not issuo to require a school commissioner to pay out moneys, whore it does not appear as a fact in the “Case’’ that he has any moneys in hand.1</p> <p>2. Ibid. — .School Funds. — Mandamus should not issue on a petition to compel a school commissioner to draw his warrant for school funds where the law does not require him, but the board of school commissioners, to draw such warrants, it being doubtful whether-lio is required even to countersign such warrant in this case, as he is in other cases.</p> <p>3. Statute — Unconstitutionality—Oeeiceks.—An act apportioning school funds to a school at which tuition fees are charged for pupils able to pay, should not be declared unconstitutional on the return of the school commissioner to an application requiring him to pay out such funds, (1) because such a ruling is not necessary to the determination of the case, and (2) because no individual rights of the school commissioner being involved, it docs not seem that he should be permitted to question the constitutionality of an act of the legislature directing his official action.</p>