The Ordway new era., 1908-10-30
/HE LA JUNTA UNION
HIGH SCHOOL CASE

In regard To the La Jun,a Uujon
'''Rh Hrh""l ease, Mrs. Money took
''"r oath "i office under bond To obey
lli" srl"' laws of Colorado. Irndrr
'Nr dutlrS ui the State Suprriutcud.
"h,, page l15, S"rtiun Isl. SrhuoI Laws
"i = dorado, you will find the following:
'lhc State Superintendent shall
uccI le all points touching The ca, .
>trucIion " The school laws which
may b" submitted To him in writing
nS any school officer, teacher or other
person In the state. aud his decision
shall be held 10 be- correct and final.
until set aside by Il court of cnmpeteni
jurisdiction or by subsequent lcgis-
ldtiun."
nder the Duties If County Supcrln.
trnirnt, page -, section ~. "It shaft
the duty OF til" County Supcrintend
cnt To obey the legal decisions Of the
superintendent ut public instruction."
one year after La Juntn became n
ilrNt-claSS district, the question was
raised as /" whether the Union High
school committee should he composed
OF three "r live members. The
question was submitted to the
State Superintendent for decision.
with the request that she consult the
Attorney General before she rendered
her decision. This She did She then
decided that til" committee should he
composed "f three memhcrS. The
question was then submitted to
Attorney Fred A. Snhn. for his upin-
ion, aud 1t was his opinion that the
committee should he composed Of
three members. These two opinions
were ,lcd in the County Supcrintcnd-
eut'> ullicr. The La Junta school
board IN the fIc" uf these decisions
went ahead aud urgauiHrd the Union
High Schunl committee with live
mrmhrt>, and brought mandamus
ease against Mrs. Money to compel
her to sign the warrants.
Judge Essex said he could not de-
eide upon the number Of the High
School committee a> that was not the
question before him. but stated that
If he had been in Mrs. Moneys place,
he would have done what Mrs. Money
did, that IS, abide by the State
lSupcrintcndcnt'S decision.
The case was then taken to the
| a
upon the question and stated that the
committee OF the Union High School
of La Junta. Colorado, could be com
posed of either three or five members,
and that the board had the authority
to decide which.
Attorneys Fred \. Sabin and ). II.
White, Mrs. Moneys attorneys, asked
for rc-hcaring Of the case, stating In
their brief that the court erred.
First. that the committee could be
composed Of either three or i've m'm-
bcrs lit must be either one or the
other
Second. The court erred in that the
board had the authority to decide
which and calling the courts attcn-
tion to the fact that the La Junta
Union High School is county High
School and draws its funds from the
county. and therefore its cUmmIite
differs from a 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 county's or the districts money
in this case. She is not opening
new case. She must abide by the
State Supcrintendent's decision until
there is subsequent legisia'inn, There
has been no law filed on which she
can vet stand other than the State
SUPERINTENDENT decision. She has
no choice in the matter, for by virtue
Of her Office, she must abide by the
State Superintcndent's decision until
IT, is set aside by court of competent
Jurisdiction,
The case is still before the supreme
court, unsettled.
CARRIE e. MONEY,
County Supt. of Schools.