La Junta tribune., 1907-11-23
m,s. se..., c..s os...,...


afternoon Judge Essex rendered his
opinion in the case long-deferred to
determine whether the high school
committee is composed of three
members or five members. The
opinion was very long one and
gave evidence of much study and
research on the points of law in
volved, nearly three hours being
7 taken up in the reading of the doc
ument. According to the decision
I of Judge Essex the high school COM
mittee is composed of the five mem
Ders of School District No. IL, al
though the board has the legal OPP
ton and discretion Of delegating the
duties of the high school committee
I to q subcommittee of three if they
so desire.
The law under which this decision
was rendered reads as follows. In
any case in which the county seat of
any county shall be all included in
one school district the board of such
school district shall have the same
powers of establishing and organiz-
I ing high school as are given to the
boards of two or more school dis
tricts and in such case the high
school committee shall be the board
of such school district. or such three
members as they may select"
The cause in hearing was entitled.
IN. r. McCauley, plaintiff. VS.. Car
rie Money. defendant" and consist
en- of proceedings by mandamus in
stituted to compel Carrie f. Money.
as superintendent of Otero county.
and ex-officio presiding officer of the
high school committee to sign a GER
tain warrant issued to the Mer-
chants Publishing Company of
Denver, which had been assigned to
the plaintiff in the case.
The opinion of Judge Essex was a
very elaborate one. covering in great
detail every point at issue. but the
gist of the opinion is contained in
the judgment of the court which
reads as follows:
That the board of directors of
School District No. II in Otero coun-
ty, Colorado, legally constitute and
are the high school committee for
High School Committee. No. l.. or
Union High School District No. /.
in said District No. IL, organized
and existing. and henceforth are
entitled to perform the duties in
law devolving upon such committee
with all legal powers incident there
to.
That such board have the legal
option and discretion of delegating
the duties and powers of such high
school committee to subcommittee
of three by them selected from the
members of the district school
board.
That (pro formal the county su-
perintendent of schools of 0tero
county. Colorado. is and shall be ex-
officio an additional member of said
high school committee and shall pre-
side at the meetings thereof.
That the alternative writ of man.
damus in this cause issued be, and
the same is hereby dissolved and dis
charged. and the cause dismissed,
and that defendant have and re-
cover her costs in this behalf laid
out and expended, for which execu-
ton may issue
Neither side appeared to be very
much pleased with the opinion in it's
entirety. and both sides gave notice
of appeal to the supreme court. AS
the defendants petition 'prays the
honorable court that these proceed
ings be dismissed at the cost of the
plaintiff. and the court granted the
petition it is very doubtful whether
an appeal is either regular or pos
sible. Judge Voorhees,, on behalf of
the plaintiff. objected to certain sec
tions Of the opinion and gave notice
of appeal. Practically the case is
just where it was in the first place,
except that the court has ruled on
the question of what constitutes a
high school committee. and that is
that it may consist of the entire