Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1910-08-30
WINTHROP WINS.

The State has won out in the now
famous Rock Hill school case, says the
Columbia Record, the effect of the de-
cision being to permit Winthrop COL
lege to erect a modern practice school
on the land that was in dispute for
the last two years.
AS the case is one very much in
volved the facts as given by Associate
Justice Hydrick in rendering his opln-
ion will be the best to draw conclu-
sions from as to the various matters
that were at issue:
THE trustees of Winthrop Normal
and Industrial college, desiring to build
and equip a model practice school
building in connection with the college
applied to the legislature for all ap-
propriation of $4,000, stating that
such a building, property equipped
would cost $45,000, but that they could
raise $4,000 of the amount needed.
BY an act approved February Is, 1907,
the sum asked for was appropriated on
condition that the trustees raise $25,-
900 additional for that purpose. The
additional sum was raised and depos-
tied in bank, whereupon, by the terms
of the act the appropriation became
available.
Under the terms of the act, the
said sum of $4,000 was to be eXpend-
ed in erecting and equipping the
building. Therefore, no part OF II
could be used in purchasing a site.
1t appears, however, that friend OF
the college offered to give $4,000 for
this school on condition that the trus-
tees raise 100000 more, making III all
100000.
1T does not appear that any other
condition was attached to this offer
such as that the money was to be
used only i'm erecting and equipplng
the building as was the condition with
the appropriation. The trustees OF the
college reported this offer to the leg
islature, i'm 1908, and stated that they
expected to raise the additional sum
of $4,000. 1t appeared, however, at
the time of the trial before the referee
that they had not succeeded in doing
SO.
"As there was no suitable place on
the college property for the location
of the practice school negotiations
were commenced with the Rock Hill
school district for the purchase of a
lot of eight acres lying near the COL
lege which had been conveyed 20 the
school district by the Catawba Military
academy. The negotiations resulted III
an agreement between the trustees of
the school district for the sale of the
property to the college for $4,000
cash. The trustees of the school dis
trict were sharply divided (they were
seven in number) as 10 the wisdom
and eXprdicncy of selling the property
-four being in favor of it and thre"
opposed To it.
ITO prevent the consummation OF
the agreement this action was brought
by the minority of the trustees of the
school district, as such in their own
right as citizens and taxpayers with
whom Alex Long, as chairman OF the
board of trustees of the Catawba Mill
itary academy and as citizens and
taxpayer was joined as plaintiff.
against the majority of the trustees OF
the school district, the trustees OF the
college, the school district as cor
poration. the Catawba Military acad-
e;ny. as a corporation, Ira b. Dunlap,
as secretary of the board of trustees
of the Catawba Military academy to
reform the deed of Catawba Military
academy to the trustees of the school
district, and to cnjOin the sale of the
property to the college.
Reformation of the deed was pray
ed for on the allegation that it should