Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1909-08-24
Mistellansuus 8adins.
THE HIGH SCHOOL CASE.
Judge Memminser Files Remarkably
Comprehensive Decree.

| Comprehensive Decree.
Rock Hill Record.
A telegram was received here yes
terday conveying the information thai
Judge Memminger had filed an opin-
ion in the. clerks office at Yorkville
in which he orders that the "minori-
| ty" school trustees, Messrs. Cherry
Jones and Wilson, must file a bond OF
$4,000 within ten days, or he would
dissolve the temporary injunction
which these members sued out against
the sale CT the High school property
to Winthrop college.
1t would appear from this order that
this matter is coming to a conclusion.
The "i.,inority"trustees had given a
bond for $500, but the court evident
ly holds that this is inadequate to
cover the costs Of the case and at the
same time protect the school district
from the interest charge Of 500 per
month, which has been piling up as
an unpaid debt ever since the contro-
versy started.
Here Is the Opinion.
Following Is the opinion in full, as
received by w. M. Dunlap, Esq, one
of the attorneys for the majority
members:
Alexander Long, as Chairman Of the
Board Of Trustees Of Catawba Mil
itary Academy; Iredell Jones, ]. M.
tees of the Rock Hill School District,
and in their own rights, plaintiffs,
Ira B. Dunlap, as Secretary Of the
Board Of Trustees of Catawba Mil
itary Academy, A. E. Smith, ct al,
Defendants.
Order Increasing Injunction Bond.
Motion in above entitled action to
increase injunction bond from five
hundred to five thousand dollars,
heard at Yorkville, July 18th, 1909;
submitted on record, additional affi-
davits, and written arguments.
Upon receipt Of the last Of the pa
pers submitted, to-wit: August 18th,
1909, at once took the matter up,
and have reached the conclusion that
the motion should be granted to the
extent Of increasing the bond to three
thousand dollars.
Briefly stated, the cause, as made,
appears to be that the Rock Hill
school district, having become the
owners of the old Catawba Military
academy property, adjacent to Win
throp college grounds, and having es-
tablished there q high school for boys;
and the same proving failure, as 1t al
ways had proved in the hands Of their
predecessors, first entertained an offer
to sell to Winthrop for twelve thousand
five hundred dollars, with an explicit
understanding that Winthrop would
provide, at its model school to be
thereon erected, for the education of
four or five hundred Of the districts
school children; and then, by a vote
Of four to three Of Its trustees, agreed
to sell said property to Winthrop for
twenty thousand dollars, with no sucn
explicit understanding, but clearly
with a well-founded belief that the
erection Of the Model School would,
of necessity. subserve this end.
The legislature passed an act ap-
propriating twenty thousand dollars
to Winthrop for the erection OF such
Model School; but, apparently this
appropriation could not be used for
the purchase of a site. However, the
president of Winthrop had obtained
funds applicable to this purchase; and
the referee herein finds that he has
available, and has actually rendered
twenty thousand dollars, so otherwise
obtained, and is prepared to consum-
mate the purchase; and his affidavit
submitted at this hearing, so positive
| ly states. The legislative and other
appropriations will then become avail
able for the purposes Of erection and
equipment Of a Model School building
Thereupon the minority Of three OF
the school district trustees, not con-
tent with the discharge Of their pub
lie duty by having recorded their
votes against said sale (Which, with
us, where everywhere majorities rule
would seem to have been sufficient ac-
ouittance for conscience) and Joining
with them one Of the trustees OF the
Catawba Academy, who had made an
unconditional deed Of the property to
the school district, brought this ac-
ton, charging that the deed from the
Catawba Academy, though absolute
and unconditional on its face, should
have been limited to a holding by the
school district for a high school pur-
pose only. That there was mutual
mistake in this respect about the
deed; that it should be reformed 30 as
to contain such a condition, ano
thereby prohibiting such sale of the
property; and further, charging that
the sale to Winthrop by the said ma
jority was for a grossly inadequate
consideration: that Winthrop has no
funds legally applicable to the pur-
chase, and that the action Of the said
majority was Dredcn VI liust "'i
abuse Of discretion, and wrong In ev-
cry respect in relation thereto; and
seeking a permanent injunction
against the consummation Of the sale
Thereupon a temporary Injunction
pendente lite, was obtained from
Judge Gage upon bond Of five hum
dred dollars; and thereafter, Judge
Gage refused to increase this bond up
on the affidavit showing then made.
The case being then at issue, and
being referred to the Hon. j. L. Glenn
of Chester, he has proceeded to take
all of the testimony offered, and after
hearing argument thereupon, and con-
sidering the same, in an able and COM
prehensive report, he recommends the
dismissal of the complaint.
| AS before stated, the whole record
has been submitted to me on this mo-
ton. The arguments have sought to
cover the merits Of the controversy
and in deciding the motion, l cannon
escape taking a comprehensive view
of the merits of the whole case, ano
| In