Evening capital and Maryland gazette. (Annapolis, Md.) 1910-1922, 1912-01-17
EXTRACTS FROM BRIEF.
In School Case-FiIed by Circuit Court
History Of the Case.
Published by authority OF Mr.J. W. Martin

The Board of County School Com
missioners of Anne Arundel county,
VS.. DR.. Louis B. Herkel, ct. at, in
the Court of Appeals of Maryland.
October term, 1911.
Brief on Behalf of Appellees History
oF the Case.
In the year 1894 an Act was passed
making provision for the building of
a new public school building for white
| children in the city of Annapolis,
Maryland. and requiring the city to
| contribute towards the building of the
same. See Chapter $40 Acts of 1894,
which after litigation was finally de-
! clared to be valid exercise Of legis-
lative power. See Revell, ct. al.
VS.. Annapolis, 81 Md. /.
At the session of the Legislature of
1896, bill was introduced to repeal
| this Act, but a compromise was finally
agreed upon which resulted in the
passage of Chapter 275 Acts of 1896.
| This Act, as will be seen, was an hon
est effort to take this school out of
politics and actually named as the
trustees of the school three men and
three women and required that their
! successors, as far as, possible, should
be of the same political faith and
there should at all times be three
men and three women upol the
board. The first six trustees were
named in thc bill and a Den ocrat
man and a woman, Republicau man
and woman and a prohibit onist
man and woman were named as
trustees They were not Just so AIMED
as a matter of form, but their actual
political sympathies were ascertained
even to the fact that the lady named
as the Prohibitionist was an actual
worker in the temperance cause.
The school building was built, the
trustees were organized and began
work and the growth of the school has
been such that. at nearly every session
oflthe Legislature it has been recess
sary to enlarge the buildings or build
new ones.
See Chapter 372 Acts 1898; Chap
ter 3S7 Acts 1902; Chapter 166 Acts
1906; Chapter 433 Acts 1908.
Although during this period Of time
Annapolis, according to the census
This school, thus organized, at once
became a great upbuilder for the
white people of the city and county,
as children from the county districts,
who had reached the higher grades
were by the trustees, permitted to
attend this school and this privilege
was oftentimes more desired than
scholarships at colleges.
People in all walks of life sent
their children to this school. Naval
officers ordered from the Naval
had their families live in Annapio-
| lis in order that their children might
enjoy the benefits of this school and
in two years the attendance had more
than doubled. 1t will also be observed
| that this Act under consideration,
Chapter 275 Acts of 1896, also pro-
vided that these trustees should ap-
point all the teachers of this school
without reference to the School Com
missioners, and this provision of the
law has always been Objectionable to
that class of our citizens who think
public schools are created and sup
ported by taxation for the benefit of
their friends whom they can have ap-
| pointed teachers in the same.
The provisions of the Act as to the
appointment of trustees was fairly
we'll observed until four or five years
ago. when upon the expiration of
terms from time to time at last three
men, all Democrats and all three &C.
tive in politics were appointed trus-
tees together with three ladies.
! Finally in the spring of 1910 the Act
| was altogether ignored and three men
| alone were named as trustees under
the pretense that this Act under con.
sideration had been repealed by the
re-enactment of some Code sections OF
the school law, which matter of re.
peal will. be dealt with later.
On the 9th of July, 1910, the ap.
pellees filed their petition for man.
damus in the Circuit Court for Anne
Arundel county. and on July %, 1910,
the appellants filed their answer al.
leging the repeal of the law as above
set forth and that the matter had beer
before the State Board of Education,
and by said board it had been de-
termined that said Act under con
sideratio3 was no longer in force
On August appellees demurred tC
appellants answer, and on August 1s
1911, after argument, the Court sus
tained the demurrer, whereupon the
appellants announced that it was mo-
necessary to have the writ of mar
damus issued, that they would abide
by the decision of the Court and ap
point six trustees in accordance will
the provisions of said Act, and diC
actually appoint six trustees, three
men and three women in compli
ance with the provisions of saiC
Act, who served as trustees unit
about the first of May of the presen
year, when the appellants. in defanc,
Of the provisions of said Act, and o
their agreement, made in open Cour
and without any reference to the term
of the trustees, by them appointed
after the decison of the Circuit Court
declared all the terms expired an
appointed only three trustees to serv
for term Of one year each; and Of
the l1th day of May, 1911, the appel
lees prayed the Court, that the writ o
J peremptory mandamus issue in tn
case, whereupon the Court directe
the aTforpax for the anraifanfa m Al