The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-05-12
JOSEPH THOMPSON
WANTED NO MUSIC
High Court ,GTOund SlSIy-ThToe
Decisions From Justices
Big Hopper

ne STATE supreme court cOhNentu
this morning for the May term. Chief
Justice NJ J, Kane presiding. all JUS
tees present
The court handed down 6S opln-
ions. Justice Il. l.. williams heads
the list with rs, while Chief Justice
Kane and Justice Hays have IL each;
Judge J j, Dunn n, Justice Tur.
ner l0
Opinions by Chief Justice Kane.
The case Of exMayOr j. u. Ball Of
this city vs. George c. Rankin, re.
celyer for the defunct Capital Ma.
tional bank and the State Bank Of Me-
rIdlan Is for the second time reversed
and remanded 10 the district court
OF Logan county for a new trial Re-
celyer Willoughby brought an action
In 1904 against ] u. Ball to recover
$4,000 on a note given by Ball while
president Of the Maridian bank.
The State bank had on deposit In
the Capital National, at the time OF
the failure $1,000 and Mr.. Ball re.
fused 10 pay the note. alleging that
the money, though borrowed by him.
was for the bank. Upon the second
trial OF the cause, A. H. Huston rem.
derod judgment against Ball In favor
Of the bank. which the court assigns
as error holding that Mr. Ball should
be allowed to file an amended petit.
ton In the cause and that In such "a
case the deposit Of the bank could Off.
set the note, citing numerous de.
clsious In support OF the ruling
Sustained Thompson.
The court in an opinion by Justice
Kane lays down a ruling affirming
District Judge Mcmillan in the man.
damus case Of school district No, rs,
I Garvin county( pauls Valley school
board, w. j. b. Thompson, ct a.
The city school board of pauls Val.
icy, last October, made g ruling re-
quirng an students TO take singing or
music lessons, and a number OF the
parents q the students objected, in
Guiding j. b. Thompson chairman of
the democratic state committee.
the school board refused to permit
pupils to come to school that did not
purchase music books and tako les
sons IN singing,
Mr.. Thmpson filed a mandamus &C.
lion IN the district court to secure an
order against the board 10 permit his
son. Joseph, and other children tu
attend school without having TO pur.
I ohase q music hook or take music
lessons.
The school board fought the IN
junction suit, maintaining that II the
parents had the power to exclude ths
teaching Of music as one Of the
studies required under the course Of
study, they had the same power To
prevent the teaching of any other
subject
District Judge Mcmillan granted
the mandamus against the board
which action is sustained BY the sp
preme court The court lays down
this rule.
/. Al common law the principal du
Ties Of parents 10 their legitimate chill
dfen consisted In their maintenance
their protection and their educationi
while the municipal laws took care tC
enforce these duties. Yet II was pre-
sumed that the natural love and af
feetlon implanted by Providence Il
The breast of every parent had done
so more effeetually than any law. Foi
+ this reason the parent, and especially
/ the father, was vested with supreme
control over the child. including III
education. Except where modified b.
statute, that authority still exists.
? 2. The school authorities OF th
state have the power TO classify am
! grade the scholars IN their respective
! districts and cause them ta be taugh
+ In such departments as they ma.
!. deem expedIent; they may also pre-
scribe the COURSES OF Study ana text
!. books for the use Of the schools. an
( such reasonable rules and regulation
a. they may think needlul They ma
y also require prompt attendance q
4 spectful depoftment and dillgetice
+ study The pareet however, hue
/ right 10 make a reasonable selectlo
t from the prescribed course Of stud
r for his child 10 pursue. and this seles
G tIon must be respected by The schof
authorities. as the right Of the paren
In that regard Is superior To that q
|. .r4Ao-scf6ci-oaElcers and The teachers.
4 Sustained Him.
Z The Injunction granted by the d.
d lfiel court Of Grant county upon Il
d pleatlon Of n j. Hicks Of Iejiefau
q against the town 0f Jefferson, fEpi
GentinuAa peea TDnFl