The Birmingham age-herald., 1909-02-25
SCHOOL TRUSTEES
 SUED BY PATRON Refusal To Pay Fee Is Cause
 Of The Trouble CLAIMS DEBT IS ILLEGAL Father of Children Barred From School Says State Furnishes School and Teacher and Incidental Fee
 Is Side Issue.
CLAIMS DEBT IS ILLEGAL

Anniston, February 24.-(Special.) )-Suit was filed Wednesday morning in the city court by o. M. Alexander and Tate & Walker attorneys for the minor children of w. F. Bryant of school district No. B, near Wellington, against M. A. Whise nant, Benjamin Dickey and Jessie Goode, the trustees of that district, for the sum of S2O,OOO damages for giving orders to Miss Carrie Whiteside, a school teacher in charge of the public school of that district. not to teach the children of the plaintiff because the father had refused to pay an incidental fee demanded of him by the board of trustees. Miss White side, 1t is alleged, dismissed the four children of MT. Bryant from her school on the order of the board of trustees and the children are not allowed to at tend the school
 The father claims that the assessment is without warrant of law and is illegal. If it is legal debt he says that he is able and willing to pay 1t. But since the state of Alabama has furnished the school building and teacher. the question is, have the trustees any right to deprive the children of a chance to obtain an educa- tion because the father fails to pay his debt?
 Four of the children are thus deprived of their rights, it is said, and each one sues the trustees for 5000.
 The case will be watched with interest, as 1t is reported that in many parts of the country children have been turned away from the public schools because their parents failed or refused to pay an incidental fee.
 Smith Valves Examination.
 Edgar Dwight Smith, former stamp clerk at the Anniston postoffice, accused of embedding S1,Y497 of the stock and funds of the office, waived an examina- tion before the United States commits sioner, G. B. Randolph, Wednesday morning and was put under bond of 5000 for his appearance before the Unit ed State grand jury at the spring term of the United States circut court which will meet here the second Monday in May. The bond was accepted and the prisoner released.
 The defendant had not been arrested till Wednesday morning, when Deputy Marshal Gordon Ashley served a war rant on him that had been issued by Commissioner Randolph. MT. Smith had voluntarily surrendered himself to the authorities last Saturday and the arrest Wednesday was mere formality re- quired by law.
 There was an investigation of the charge notwithstanding the defendants waiver as the law requires such formal ities in all such actions. The investiga- tion was had In the United States mar shars office the third floor of the government building. It was conduct ed before Commissioner Randolph by Judge H. Montgomery, assistant district attorney of Birmingham on the part of the government, and W. F. Acker of the firm of Knox, Acker Blackmon, who have been retained by the defendant for the final trial, representing the defend- ant The investigation was attended by Examiner B. F. Dilts and Deputy Mar shal Gordon Ashley.
 Distilleries Discovered.
 Within the past few days seven illicit distilleries have been discovered and de- stroyed by the revenue officers. Four of the distilleries were in Randolph county, two in Cleburne and one in Tallapoosa.