Rocky Ford enterprise., 1908-10-30
La Junta Union High School Case

In regard to the La Junta Union High
School case. Mrs. Money took her oath Of
Office under bond to obey the school laws
Of Colorado. Under the duties of State
Superintendent, page lz9. section lsl.
School Laws Of Colorado. you will find
the following: "The state superintend-
ent shall decide all points touching the
construction Of the school laws, which
may be submitted to him in writing by
any school officer. teacher. or other per-
son in the state. and his decision shall be
held to be correct and final until set aside
by court Of competent jurisdiction or by
subsequent legislation" Under the duties
Of County Superintendent, page 53. sec
ton 55. at shall be the duty of the county
superintendent to obey the legal instrue-
tons and decisions Of the superintendent
Of public instruction" One year after La
Junta became a first class district the
question was raised as to whether the
Union High School committee snould be
composed Of three or five members. The
question was submitted to the state sup
erintendent for decision, with the request
that sha consult the attorney general be-
fore she rendered her decision. This she
did. She then decided that the committee
should be composed of three members
The question was then submitted to At
torney Fred A. Sabin for his opinion. and
it was his opinion that the committee
should be composed Of three members
These two opinions were flied in the county
superintendent's office. The La Junts
school board, in the face Of these decisions
went ahead and organized the Union High
School committee with Ave members. and
brought a mandamus case against Mrs
Money to compel her to sign the warrants
Judge Essex said he could not decide upon
the number o. the high school committee
as that was not the question before him.
but stated that II he had been in Mrs
Moneys place. he would have done wha,
Mrs. Money did-that is, abode by the
state superintendent decision. The case
was then taken to the supreme court,
which court passed upon the question.
and stated that the committee Of the
Union High School Of La Junta. Colo.
could be composed Of either three or five
members. And that the board had the
authority to decide which. Attorneys
FREQ A. Sabin and S. H. White. Mrs.
Moneys attorneys. asked for rehearing
Of the case. stating in their brief that the
court erred-first, that the committee
could be composed Of either three or five
members dt must be either one or the
other). Second. the court erred. in tha,
the board had the authority to decide
which. and calling the courts attention
to the fact that the La Junta Union High
School is a county high school and draws
its funds from the county and therefore
its committee differs from district high
school like Rocky Ford. where the whole
district board is also the high school
board.
Mrs. Money has not spent one cent Of
the eounty's or the districts money in this
case She is not opening a new case and
she must abide by the state superintend-
ent's decisions until there is subsequent
legislation. There has been no law fled
on which she can yet stand, other than
the state su2erintendent's decision. She
has no choice in the matter. for by virtue
Of her Office she must abide by the state
supsrintendent's decision until it is set
aside by a court Of competent jurisdiction.
The case Is still before the supreme court
unsettled.