Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1913-12-19
School Board Upheld.

jaw
The supreme court sat for only a little
more than half an hour Tuesday, and
nothing was done except to hand down
decisions in a dozen or so cases. No
cases were called for argument and di-
rectly after handing down the last case
adjournment was taken until Monday
next. when the state criminal docket
will be taken up.
The only case of great public interest.
was handed down by Justice Reed, beng
that of w. H. Bufkin, chancery clerk,
VS.. Mitchell, from the chancery court OF
Jones county. This case was brought
with a view to testing the constitution
atty of chapter 255 of the acts OF 1912,
providing for the transportation OF pu-
pills to and from consolidated school dis
tricts. Justice Reed handed down a
clearly drawn opinion, in which the
whole consolidated rural school plan was
discussed in interesting terms, in which
the rule was laid down that the purpose
of the act was to centralize the rural
schools as far as practicable and consist
ent with the general provisions OF law;
that the transportation feature was es-
sential to the carrying out Of the gen.
eral provisions of the law, and that the
school board was within its rights ID
making provisions therefor, and the d.
version of funds from one rural district
to a consolidated district, to defray the
cost of transportation, was legal and
proper. The court below was therefore
affirmed.
An interesting decision was handed
down by Justice Cook, coming from the
charcery court of Warren county, grow
ing out of a tragic incident which oc-
Cured in Vicksburg a year or more ago.
It seems that on a certain Sunday, dur
ing the funeral of a prominent negro in
one of the churches of that race IN
one of the outlying streets of Vicksburg,
and Just as the minister in charge was
delivering his grafton, there was a wreck.
Due to the accumulated weight of sew
eral hundred negroes who crowded the
building, the underpinning gave way;
the floor dropped out, in fact, precipitat-
ing the congregation, the casket contain
ing the remains and the mourners to the
basement below. Considerable personal
injury resulted, and after the first shock
was over and the injured persons began
to look around, suit was instituted
against the city by Mary Holmes, one of
the parties injured claiming that the city
was liable, owing to a change of grade
of that particular street.
Counsel for the city entered demurrer
to the bill, which was overruled in the
lower court, and that decree was reversed
and remanded by the supreme court.
In the suit of Underwriters and Lloyd
Insurance Company VS.. Vicksburg Trac-
ton Company, principal feature in
volved was an A..empt to split a cause
of action growing out of an automobile
accident. In a collision with a street
car the auto of a prominent citizen was
totally destroyed, while he himself sus-
tanned injuries. The auto was insured
and the claim satisfied by the appellant
insurance companies, following which ac-
ton wa filed by the traction company
to recover from the casualty policy, in
view of judgment rendered in favor of
the automobile owner under the personal
injury clause. The supreme court held
that there was no cause of action, that
the Kimball case did not apply and re-
versed the lower court.
Following is the list of cases handed
down:
BY RED, j.: :.
State ex rel. vs.. w. c. Showers, cir
cult of Leflore; motion to dismiss over
ruled.
Stanton Brown vs.. State, circuit Of
Lafayette; suggestion of error over
ruled.
s.. E. Williamson ct al. VS.. Pamela
Electric Light and Power Company, cir
cult of Pamela; motion to dismiss over
ruled.
Lucy Pitman vs. D. P. Shelby ct al.
chancery of Bolivar; affirmed.
Underwriters and Lloyd Insurance Co.
VS.. Vicksburg Traction Co., circuit of
Warren; reversed and remanded.
w. H. Bufkin, chancery clerk, VS.. 7.
F. Mitchell, circuit of Jones; affirmed.
BY COOK, j.:
Mary Newell ct al. VS.. Illinois Central
Railroad, chancery of Attala; motion to
suspend judgment sustained.
Mayor and City of Vicksburg VS.. Mary
Holmes ct al, chancery of Warren; re-
versed and remanded.
BY SMITH, G. j.:
Ed Crosby VS.. Town of Sumrall, circuit
of Lamar; motion to reinstate sus-
tanned.
w. T. Allen VS.. Hopkins Bayou Drain
age District, chancery of Coahoma; mo-
ton to advance sustained and set for first.
Monday in January.
Illinois Central RAILROAD Company VS.
Mrs. H. A. Causey, circuit of Holmes;
suggestion of error overruled.
l.. r. Williams, executor, ct al. VS..
James Bell, chancery of Washington; re-
versed and bill dismissed.