Lander v. Tolbert

Citations

• 121 Miss. 592
• 83 So. 748

Syllabus

<p>1. Evidence. Court judicially Tcnows that there is a principal for each school but only one superintendent in district.</p> <p>It is a matter of common knowledge that in a number of separate municipal school districts composed of the larger cities and towns of the state, there are a number of separate schools and that in each one of these schools there is a principal, while for all of the schools there is one superintendent.</p> <p>2. Schools and School Districts. Trustees of separate school district have management of superintendent elected by them.</p> <p>Under Code 1906, section 4525 (Hemingway’s Code, section 7345). the trustees of separate school districts have absolute control and management of the superintendent elected by them and have the right to prescribe his duties, fix his term of office and the amount of his salary and in what manner it shall be paid.</p> <p>3. Schools and School Districts. Compensation of superintendent and other employees of district not dependent on license.'</p> <p>Under Code 1906, section 4525 (Hemingway’s Code, section 7345) and Laws 1916, chapter 186 (Hemingway’s Code, section 7348), the only employees of a separate school district that are in any wise brought under control or supervision of the county superintendent of education are teachers and principals, and hence the superintendent of a separate school district, librarian, janitor or other employee, need not hold a teacher’s license, and they do not need any ’order from the county superintendent in order to be entitled to their compensation.</p> <p>4. Mandamus. Proper remedy to compel cleric of separate school district to issue warrant to pay compensation to superintendent.</p> <p>A municipal clerk is a mere ministerial officer, whose duty it is to obey an order of the trustees of a separate school district to issue a warrant in payment for service of a superintendent of the school district, and having failed to do so, the superintendent may compel his obedience to the o