The herald and news. [volume] (Newberry S.C.) 1903-1937, 1909-03-12

1887. that the SAID Ifee sraoeo
schools have been continuously KEPT
open and maintained during each
scholastic year since the establish
ment of the same; that the said free
graded schools have been, and are
now, maintained and supported from
moneys derived from the levy and
collection Of the three mill tax for
public schools, levied and collected by
the proper authorities of Newberry
county during each and every fiscal
year as provided for in Section 6 Of
Article XI Of the constitution OF the
State of South Carolina, from the poll
tax fund, and from moneys derived
from the levy and collection OF spe-
cial taxes for the maintenance and
support Of the said schools upon the
property located in the said school
district that is subject to taxation.
Third. That this petitioner is. in
formed, believes and alleges, that the
school set apart for the benefit Of
the white children Of school age with
in the said school district was opened
for the present scholastic year on
some day in the month Of September,
1908; that, with the exception OF
few days, the same has been constant
ly kept open since the said time;
that the same is now open and being
conducted, with several hundred
white children how enrolled therein
as pupils; and that the said school
will continue open and in session un-
til about the first day Of June, 1909.
Fourth. That, as this petitioner is
informed and believes, William A.
Stuckey is now, and for sometime, has
been, superintendent of the said the
Newberry graded schools, and, as
such superintendent. has been, and
now is, in charge Of the books, re-
cords and office pertaining to the said
position of superintendent; that ne
has been, and now is, discharging the
duties of the said position, and, as
such superintendent, he is authorized,
empowered and required to admit in
to the said schools the children Of
school age, residing in the said school
district.
Fifth. That on or about the first
day Of November, 1908, the petitioner
caused his said child, Ellen Roberts,
to apply for admission and enroll
memt as pupil in the school set apart
for the children of the white race in
the said free graded schools of the
said Newberry school district. That,
as the petitioner is informed and be-
lieves, the said Ellen Roberts was de-
MED and refused admission and en-
:rollment as pupil therein by the res
oondeut, or some one of the teachers
of the said school, acting for the said
respondent and under his authority.
Sixth. That on the 18th day Of
March, 1909, the petitioner, in per-
son, presented his said child at the
said school for white children, ana
demanded that the said respondent
admit and enroll her therein as a pu-
pil. That the said respondent denied
YOUR petitioner the right to have his
said child so admitted and enrolled,
and refused to accept her as pupil
in the said school.
Seventh. That the petitioner is ill
formed and believes that the acts and
conduct Of the said respondent as
hereinbefore alleged are contrary to
the provisions of the constitution OF
the State Of South Carolina, and the
statute laws of the State, providing
for the establishment, maintenance,
support, conduct and regulation OF
the free public schools Of the State OF
South Carolina, and contrary to the
act of the general assembly Of the
State Of South Carolina referred to
in the second paragraph hereof, and
the acts amendatorv thereof, and that
tie said respondent, by his acts and
conduct aforesaid, Is depriving your
petitioner of his legal right to have
his said child admitted and enrolled
in the aforesaid school, and, thereby
injur;ng the petitioner.
Wherefore. petitioner humbly prays
this honorable court to forthwith Is
Sue a writ of mandamus, odresnrl
sue write of mandamus, ordering,
commanding. compelling and requlr-
A