Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-07-11
COURT ENJOINS USING PUBLIC
SCHOOL FUNDS TO PAY
PAROCHIAL TUITION.
CLOSED PUBLIC SCHOOLS
PUPILS ATTEND MT. CARMEL
People Of Rural District In Black
Hawk County Vote to Send All Chill
dren to Catholic School-Payment Of
Public Money for Tuition Enjoined
( Other Ncws of tho State.

Waterloo, July 1.-THE Black Hawk
district court has issued temporary
writ estra!ning the use of public
school money being paid to a parochial
is alleged. have been compelled by the
vote OF the people Of a rural district to
attend the Catholic school. The trial
is expected to air the much contended
problem of public school funds and
parochial school attendance.
The injunction was asked in the dis
to prevent the school board treasurer
OF district No. S, Eagle township. Theo-
dore Schaefer, from turning over to
the like official in district No. 6, the
money received in school tax and state
appropriation to be- by the school
board treasurer OF district No. S, turned
over with like moneys of that dis
trict to Rev. Father Taken. pastor OF
Mt. Carmel Roman Catholic church
for tuition Of public school pupils OF
The fifth district in the st. Joseph par
and the court issued the temporary
writ as prayed.
Mr.. Kerr. who was treasurer of this
district In 90 and is a tax payer,
AYERS that in district No. s there has
been no public school for three years:
that the school house. in good cond-
ton aud furnished fully for public
school, has been kept closed and
l,.,t I1n "a "
fence has been built about it. while by
vote OF the school directors the children
OF the district have been compelled to
attend the parochial school or stay at
home and the public school moneys
Gin direct contravcntion of the code
Of Iowa) have been turned over to the
parnchial school 10 pay tuition OF the
children of the district.
He AYERS that the same disposition
Of public school building, children and
moneys in district No. Was tried
while he was treasurer in this district
and defeated by him, but that the new
treasurer has been more complaisant
and the school in district No. . has not
been opened this past school year. the
children OF this district being COM
peeled to attend the parochial school in
trict or stay at home and lose the
schooling which taxes are levied for.
He asserts that the directors OF dis
trict No 5 have empowered Schaefer
to pay over the school moneys to the
parochial school thru the treasurer of
district No. 6. and it is this action
which he asks permanently enjoincd
and which the temporary writ forces
a stay in.
According to Mr.. Kerr. there are
thirty eight persons OF school age In
district No 5. twenty OF whom are be
tween the ages OF to IA years. and
both public school houses thus aband-
oned are perfectly suitable and fit for
school purposes.
or course. 1t Is impossible that the
authorities should all be ignorant OF
the existing conditions and 1t can be
stated on authority that they are not
but according to the laws OF Iowa. tho
sole remedy lies with the tax payers
in the district affected and tho 1t
appears to be breaking OF the most
fragrant and UNI American kind, no one
in district No and until the present
in No > has made complaint.
Section 500, chapter .. OF the code
or Iowa says. NO Iiio'ley wi S'''a'
ian purposes--Pubic money shall not
be appropriated. given or loaned by
the corporate authorities of any coun-
ty or township to, or in favor OF any
institution, school. association or OBJ
ject which is under ecclesiastical or
sectarian management or control (c13
o52.)."
The case will come up for argument
as to why. II any reason exists. this
Injunction should not be made perma-
nent, during the September term OF
court and this action OF Mr., Kerr may
have a wide reaching effect In Iowa.
where. n rumor speaks truly, such
cases are not as rare as they should
be