The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1905-09-29
PUPILS ASK FOR
Restraining
ORDER
They Want an Injunction to Pre-
vent Mrs. N atheS from Teach
Ing the School.

Many. readers viii remember the IN
fortunate squabble at StetsOn Univer-
sity in which the name Of Mrs. Lena
B. Mathes. an instructor, was used in
a sensational way. Mrs. Mathes has
lately been selected as a teacher IN
the Turkey Creek school, in Hilis0oro
county. and the children of the school,
have asked the courts for an inJunc-
ton to restrain her from teaching them
and Court Commissioner T. f. Lucas
OF Tampa. has granted a temporary
O-der. which was served on Mrs.
MaJhes yesterday.
The Tampa Tribune has the follow
/ ing account of the case:
Rarely. if ever in this country, and
certainly never before in this state,
has a teacher been removed from her
position by the summary legal process
of an INDUCTION restraining her from
exercising her duties and powers, ana
the most remarkable part of it is that
the suit is brought in the name OF the
pupils who have been deprived OF an
education by their parents refusing 60
send them to a school taught by Mrs.
Mathes The entire 109 pupils appear
In the bill for Injunction, headed by
Miss Mae Calhoun. the 14-year-Old
daughter of Mr. W. S. Calhoun, the
minority member of the board OF
trustees. who has consistently fought
Mrs. Mathes appointment from the
very start. AS her father and next
friend" this being the legal term used,
he brings the suit. in behalf of his
daughter and the other petitioners
named, all OF whom are set forth 10
Re between the ages Of and p years,
and entitled to the privileges OF the
Turkey Creek school
Eighteen AfHdaVts.
The bill contains thirty typewriter
pages. with eighteen exhibits. nearly
al OF the latter being afdavits in re-
gard to Mrs. Mathes moral character.
IL recites in detail the action of the
County School Board in appointing
Mrs. Mathes to the position Of fourth
assistant in the Turkey Creek school
over the protest Of fOIty-seven parents
representing 100 children; the action
Of the county superintendent in re-
vOking her certificate upon the ground
Of immoral conduct, and the subse-
Quent action Of the State board I'm re-
storing her certificate and reinstating
her in the school.
An injunction is asked preventing
her from teaching or attempting to
teach any pupils OF classes in the
school, or from being in the building
during school hours, which was grant.
ed by Commissioner Lucas.
II. p. Bailey represents the petit
TONERS. AS the defendant is a mar
RED woman, her husband, George "a.
Mathes, in included ia the bin and the
injunction. Col Bailey has taken the
only steps possible to secure rslief for
his clients, and can do no more for
the present The next move will have
to be in the shape Of a demurrer. or
motion coming from the defense. A
temporary teacher viii be appointed
20 take Mrs. Mathes' place during any
litigation that may follow Colonel
Bailey made an exhaustive examina-
ton Of the authorities before filing his
bill for injunction, and was not able
to fnd a parallel case anywhere. He
came 10 the conclusion, however. that
IT was the proper step TO bring suit
in the name Of the children who ara
being deprived Of an education By
the presence Of Mrs. Mathes In the
ocHool, having some one 10 stand az
their next friend" The person in this
case is Mr.. Calhoun, the minority
trustee
Some Allegations.
The afidavits fled with the bin
for injunction are sensational in the
extreme, charging drunkenness ana
other acts Of immortality on the part OF
Mrs. Mathes, and some Of the acts
complained Of dating ten or twelve
years back, including the Stetson
scandal Of three years ago. when Mrs.
Mathes, then a teacher In the Ststson
University, and Rev. John F. Forbes.
president Of the institution. were
charged with improper conduct. Ieft
the university. The patrons Of the
Turkey Creek school who are opposed
10 the continuance Of Mrs. Mathes in
the falculty, disclaim any intention
Of prosecuting her, but they Declare
they do not consider a person of her
character it TO teach young children.
and that they will not send their chill
1ren to school while she is connected
With it