Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-03-06
SALTWATER NEWS.

nr. NeWton MchuslcK mas written play
entitled "The Duke Normandy which will
be played under the auspices of the Cornet
band In short time.
The city clerk is making out his election
notices for the first day of April. Voting
will take place.at the usual polling places.
The officers to be elected this spring are:
Mayor, one year; treasurer, one year; one
alderman from each of the three wards, three
years.
Mr.. Hugh Hall, who has been numbering
on Mission creek, was brought to this city
last evening badly injured in the region of
the thigh. MI. Hall on last Monday was
standing beside windfall looking under a
loaded eled, when the train started and q
crooked log caught him and crushed him
against the windfaIl. His condition being
deemed critical, DR.. Murphy was telegraphed
last night.
The Board of Education Mandan,us.
The long expected decision In the i'm
portant Yorkes mandamus case, was receiv-
ed yesterday from Judge Crosby, and is as
follows:
State of Minnesota ex rel. Marion Yorkes
vs.. the Board of Education of the CITY Of
Saltwater and VIM. F. Gorrie.
1t is ordered that a peremptory writ of
nandamus in the proceedings be and the
same is hereby denied.
F. NJ. CROSBY, District Judge.
March 4, 1879.
Following the findings of the referee Is the
following memorandum of the decision of
the judge. @
The board of education of the city of Still
water is vested with the power to make by
laws and ordinances relative to the powers
and duties of teachers; relative to the regu-
lation of the schools, and the books to be
used and the course of study to be pursued
therein. The schools of said city under the
direction and regulation of the board of
education are declared to be public
and free to the children
residing within the limits thereof, between
the ages of and q years inclusive, subject
| to such rules and limitations as the board
may establish. Special Laaos Of 1868, page
Public schools are created by legislative
| enactment. That the legislature has power
to make them free or subject to rules and
limitations there can be no question, nor
can there be any question that the legisla-
ture has power to vest a board of education
with the authority to prescribe rules and reg.
ulations for the government of its schools
and the course OF study to be pursued there
In. The right of children res iding within
the limits of the city ofIStillwater to attend
its public schools is not absolute. It is
given subject to such rules and limitations
| as the board of education may establish. A
child has not the right to attend these
| schools of the city except upon the con-
nf r,lv,iv !, h.
| itations established by the board.
When the law, as III this case, gives the
school board power to prescribe course of
study and to adopt rules and regulations for
the government of the Schools and the
board, under the power conferred, does it.
and scholar refuses to comply with the
| same, that scholar forfeits his rights to the
privileges of the achool which compliance
with its rules and regulations would give.
Terrier vs.. Tyler, 48 Vt. 444. - ~
Guernsey rs. Pitkin, 81 vt. 224.
Law, 80 Vt. ia.
| Sherman VS.. Charlestown, Cush. 16o.
Spillor Va. Woburn, 10 Allen .127.
Sewell VS.. Board of Education. etc.. 20 Ohio
st. 80. t. ss.g
28 Maine 1873.
The case of Morrow VS.. Wood, 35 Wis.
SO, is not one where the board had prescribed
the study that the boys father forbade him
to pursue.
This is an application for mandamus
The Legislature has seen fit to leave the
course of study to be pursued in the schools
of the city of Still water, and what rules and
regulations shall govern them, to the discre-
! ton of the board of education. That dis
oretion IN its nature is judicial.
| The writ of mandamus cannot be used to
control judicial discretion.
Courts are not vested with the power to
say what rules and regulations the board of
education of the city of Saltwater shall or
shall not accept for the government of its
schools, so long as the board acts without
fraud, malice OF corrupt motives.
| County commissioners.
The board of county commissioners met
March 4, pursuant to agreement. Present,
full board.
County Attorney Thompson appeared be
fore the board and stated his opinion and
the opinion of the attorney general in regard
to abatement of tax for 1873.
R1r. M. McCluer appeared in behalf of
Geo. Woodward in regard to school tax levy
for district 80. On motion It was ordered
that $62.S0 be refunded Mr.. Woodward, to
come out of the school district fund.
On motion of Mr.. Cover interest and pen
atty on lot 8, block Al, 1874, 1875 and 1876.
was abated in the sum of $77.47.
The county auditors official bond wes ao-
cepted and filed.
Miss Foster was allowed Sc for one
| month.
The bill of the municipal court was, on
motion, referred to the county attorney.
The petition of G.. G. Leighton ct al. for
c new road to Forest Lake was accepted, and
Messrs. Cover, Meilicke and Campbell ap-
pointed committee to view said road, and
for that purpose to meet at Forest Lake sta
ton next Wednesday at 10 O'Clock.
The applications of VIM. Mister, Michael
Marsh and the St. Croix Boom company for
ferred to the State auditor.
On motion Lev, Bailey Was allowed re-
fundment as per receipts.
BWrieI Hire In a Wcll
3. Hollerson, of Valley Greek. a well-dip
ger, was buried alive yesterday about 4
O'Clock in a we'll at the farm of G. L. Bout
well, at Correction Lake, eight miles from
this city. Mr.. Hollerson had completed Dip
ging well. and insisted on taking the curb
ing out of the old one, as it would do for :
the new one. Mr.. Boutwell, and others
warned him of the danger, but he persisted
IN his purpose, and when about thirty feet
from the top, removing the curbing, the
upper portion of the we'll suddenly caved in,
burying him alive.
He was standing on platform the width
OF the we'll, which was suspended by rope.
MI. Boutwell, came into this city last night
after men to dig him out to-day. The 1n-
fortunate man leaves wife and two children