The herald and news. [volume] (Newberry S.C.) 1903-1937, 1909-03-12
RIGHT TO REJECT CHILDREN.
From Graded School After Term Be-
gins in Court-Mandamus
Issued.


for sometime in the town OF New
berry. relating to the enforcement OF
a. r11e Of the trustees Of the Newber-
nv graded schools is to be heard IN the
courts soon. Some years ago the board
Established a rule that after the 10th
day of October Of each scholastic
year no pupil who was unprepareo
for the work Of some one Of the grad
es would be admitted to the schools
This only affected the very young
children, generally those who have
ver gone to school before, and more
,,ten those who have become SIX years
of age after the schools have opened
At various times a number OF cnli-
f1ren have been refused admission BE-
cause of the rule referred to. Inc
school authorities established this
7nle for the reason that children COM
ing in at all times during the session
to he entered into the first grade
wonld b. a hindrance to the work OF
that grade, it being necessary for the
teacher Of the grade to hold back the
other pupils for those who were not
advanced sufficient to keep up pro-
perly with the work
A short while since the little child
of M, Oscar w, Roberts applied I2r
admission, the little one coming 10
Newberry to reside sometime alter
the schools opened, and mad never
gone to school before. Acting under
the rule of the board of trustees re-
ferred to, Prof. Stuckey, the super
iutendent, refused to admit the 1T
tie girl. Mr.. Roberts retained Eu-
gene S. Blease, Esq, TO represent MIN
in the matter, and a petition has been
presented to Judge Prince for VIII
Of mandamus, requiring the superin-
tendent to admit the child into the
school. A rule to show cause mas
been issued by Judge Prince, and the
matter will likely be heard next week.
Inc 10th being set. The petition ana
order of Judge Prince are gwen III
full herewith. The proceeding IS
rather in the mature of a friendly
suit. it being conceded by both SIDES
THAT there IS some question as to the
rule of the board Of trustees beng
legal, and it is we'll for the matter to
be finally determined. It is SAID tha1
almost all of the graded schools IN
the State have this same rule IN enect'
Mr.. Blease who is bringing the ac-
tion for Mr.. Roberts is familiar with
the school law and has always taken
an active and unselfish interest IN all
school matters. He served efficiently
as county superintendent OF educa-
#da for Saluda county and later
when he was senator from that county
was a. member Of the senate commit
tee on education.
The following are the petition and
the order of Judge Prince to show
cause:
PETITION FOR WRIT OF MANDA-
MUS.
STATE OF SOUTH CAROLINA,
COUNTY OF NEWBERRT.
Oscar W. Roberts, Petitioner,
William A. Stuckey, Superintend-
ent of the Newberry Graded Schools,
Respondent.
Court of Common Pleas.
Oscar W. oRberts, the petitioner
above named, petitioning to this hon.
orable court, would respectfully show:
First. That the petitioner is now,
and for several months has been,
resident of the town of Newberry'
and of Newberry school district, IN
the county and State aforesaid: that
petitioner is member of the white
race: that for many months petrtlon>
er has had, and now has, residing with
him, in the place aforesaid, his III
FAINT daughter, also a member OF the
white race. now eight years OF age. to-
wit, Ellen Roberts.
Secmd. That several years ago
there was established in the said New
berry school district system Of free
graded schools, with school for cllli-
dren Of the white race and one Tor
children of the colored race, the same
o.4a:hlichod IN pursuance OF AL