The Birmingham age-herald., 1903-10-03
Rev Dr, Dickinson Asks for.
 Writ of Mandanus
PROCEEDINGS IN CITY COURT
Petition Filed Against Principal J. B. nningham-Judge Senn Has Ordered Mir. Cunningham to
 Appear Before Him.

for a writ of mandamus in the city court yesterday against J. B. Cunningham, prin- cipal of the Birmingham high school.
 Judge Charles A. Senn has ordered J. B. Cunningham to appear before him on the 17th of october, 1903, to show cause why peremptory mandamus should not be issued in accordance with the prayer in the petition
 Dr. Dickinson ayers that his son, Alfred Dickinson, was denied the privilege of at tending the Birmingham high school be- cause the text books he had did not bear the official state stamp, although they were identical with the books required by law in every other respect.
 Books Named.
 The books named are composition and rhetoric. high school algebra and physol- ogy (Overton's Applied.) The allegation Is made that they were identical except that no selling or exchange price was printed on them. nor did the books have printed in them the following:
 "The price fixed hereon Is fixed by state contract, and deviations theretrom shall be reported to your county superin- tendent or to the state superintendent at 1 Montgomery" The averment and peti- ton continues as follows:
 And your petitioner ayers that said J. B. Cunningham. acting in his capacity
 as principal of said high school, refused to permit the said Alfred Dickinson to use said books solely upon the ground that they did not have the endorsements here in set out and did not have a certificate of a teacher or other school officer that they were actually in the hands of the said Alfred Dickinson at the time of the adoption, June 20. 1903, the said Alfred Dickinson being at the time qualified and in all respects eligible to enter said high school as one of the pupils thereof, and the said books so presented by said AL fred Dickinson conformed in all respects, word for word, figure for figure and let ter for letter with the books adopted and prescribed by the said text book com mission, except as to the endorsements
 Procured From Dewberry.
 Your petitioner further represents that said text books so presented by said Alfred Dickinson were procured by your petitioner from Dewberry & Sons, book sellers of Birmingham, Alabama, who had bought them in the city of Atlanta, state of Georgia, and the said books had been shipped out of the state of Georgia into the state of Alabama, to be resold' and the same had been delivered to Dew berry & Sons who sold said books to your petitioner to be used in the public school.
 Your petitioner further represents that 1 he insisted to said J. B. Cunningham upon his sons being permitted to use said books so presented by his son as above stated, but the said J. B. Cunningham referred the matter to Dr. J. H. Phillips, superintendent of the public school of 1 Birmingham, who in turn referred the matter to Hon. Isaac W. Hill, state super intendent of education; the said corres- 1 pondence relative to the matter is hereto l attached and prayed to be taken as part i of this petition, the communications being 1 in order of their transmissions and re- i ceipts And petitioner ayers that said l Cunningham still refuses to permit said ] books to be used in said schools Your petitioner further represents that l after his sons books were rejected by the said J. B. Cunningham. whose acton was endorsed by the said J. H. Phillips, l superintendent of the Birmingham public l schools, he requested of the board of 1 education, which has the supervision of said schools, to be called in session to act upon the acceptance or rejection of said books into said school, winch were pre- sented by said Alfred Dickinson, and the i said board of education, did meet at It's | regular place of meeting on the 25th day l of September, 1903, at which meeting, after which petitioner had urged before said board that said books should be re- ceived into said school, the said board 1 adopted the following resolution:
 The Resolution.
 | "Be it resolved, That the superntend- | ent of public schools be instructed to carry out the ruling of the state text 1 book commission with regard to the text books to be used in the Birmingham public schools and that such books bear | the official stamp according to the in- depreciation of the law made by the state superintendent of education" 1 The premises considered your peti- l tioner prays that rule nsi be issued and served upon the said J. B. Cunning ham commanding him to appear at time and place named by your honor to show cause, If he has any, why a per emptory mandamus should not be issued and directed to him to receive the said Alfred Dickinson into the said high school, one of the public schools of Bir- mingham. and permit the said Alfred Dickinson to use said books which were rendered to the said J. B. Cunningham as hereinabove set out; and your peti- tioner prays that upon the final hearing of this matter your honor will make and issue peremptsry writ of mandamus commanding the said J. B. Cunningham as principal of said high school to re- ceive into said high school the said AL fred Dickinson and to permit him to use the said books above named and re- ferred to; and your petitioner prays for such other or further orders as may be necessary and proper in the premises; and your petitioner will ever pray. etc.
 (Signed) A. J. DICKINSON.
 By A. 0. Lane attorney.
 The order for the appearance of Prof. J. B. Cunningham before the court is as follows:
 To John s. Gillespy, clerk and register
 Rule Nsi.
 In accordance with the foregoing peti- tion you shall issue a rule nisi to be served upon J. B. Cunningham, as prin- cfpal of the high school, one of the schools constituting the public schools of Birmingham, to appear before me in the court room (1rst divison) of the city court on the 17th day of October 1903. to show cause, if any he has, why per- emptory mandamus should not be issued in accordance with the prayer of the foregoing petition. (Signed) CHAS. A. SENN. Judce If tte Cftv Co1rf of pirunin cham.