La Junta tribune., 1913-05-03
A,oA SCHOOL CASES FILED.
Ten school Districts Bring SUIT to En-.
Join County Trsasursr From Col.
tset,ng Aieh School Tax.

len III ''''l' '''iAt'
filed separate and distinct suits in the
district court last Tuesday against II.
q. Wilson. county treasurer. the ac.
tons being brought to have certain
levy Of three and one half mills on
each dollar of taxable property In otcro
county declared and held unlawful and
void. and To secure a temporary injunc-
tion against the defendant enjoininH and
restraining him from collecting tn. tax
The case will probably come up in the
district court at the June term.
Tn. compiainants In the cas-. are T.
J, Barnard. representing school district
No. 6. east OF Fowler and school dis
trict No, IS south OF Fowler; Joseph
B.lier. No =. near Rocky Ford: r.. l..
E:step. No 6. Fast Ho,brook: J. u Gau-
ger. No. II. S~ink: Charles r. Tewes.
No. -. south OF Rocky Ford. J. r.
Sickenbergor. No. Is. w.itzcr; W. n.
Il. Sheath. No. is. southwest Of Rocky
Ford: Oliver Adcock. No. 20. West
Holbrcok. and l.. II. wilkcr. No. :.
way south Of Rocky Ford. An OF
the complaiDants alier. that they hav.
paid the first half Of their taxes fur
the year 1912 and they seek to restrain
tn. county treasurer from collecting
the second half. or at least much
thereof as Is repr.sent., by I'll. iilee-
I al thr.. ard half per cent levy
for high school purposes. Glenn 4 Co
bin. of Rocky Ford. are the att"rneNs :
for the compisinsnts. individually and
likewise collectively.
In the complaint the plaintiff af
firms that h. understands and believes
and on information and belief alleges
tn. fact to b.. that the purpus. for
which II H. s,Isht to collect said three
and one-hslf mills on each dollar of
said property l. to support q certain
high school In tn. city of Ia Junta
which high school H. merely and only
the high school Of school district NJ.
II. am ordinary school district Of said
county. In which district the city "f
Ia Junts is situated: and that no
ioint meetings 81 schooI boards "f
two or mose districts wos ever cali
81 hy the county sup-rint cni.nt. or
held. and that no meeting was ever
held or other step or steps taken. FOR
the organisation Of any Union High
school. or unic0 High Rcho"i District.
1 AT or In said city II - Junta. ear NJ
alt. and that no tnion High scb"oi
Board has ever b~en organized within
said county or f1 any high school dir
trict therein. and that me- school dis
trivt has ever had any member or rep
r"s-nsfiy. upon the school board which
pr-t"Dds to conduct said high school.
nor has the county superintendent. 50
far appears from tn. books or re-
cords Of his office. ever been u mem
b-r OF aid board. or participated IN
It's said affairs. and that said high
school bt said city of la Junta is not.
and has never been Union High
School. or county high school. and
that no school board or officer or Of
nc.rs Whatsoever has az have been
legally authorized to certify ar caused
To b- levied. said tax II three and
"n"-half mills. or any other rat. or
sum upon an, property outrii" IL said
School District No. II. for The support
of said high school. either as High
School No. L. ~ -. Union High School
and that said pr-t. nd.d levy of three
and on--half mills is wholly without su-
thority ~ law and II highly oppressive
and in"Iuitabl.. and IL withou, any cor
f~n-sti"n OF benefit. either direct or
Indirect 4" plaintiff. ar Ia any one else
In said district. mad 4. wholly null and
void.
Union High School No. I was regular
Iy organized under the laws Of Colorado
about the year 1885. and for a period
Of eighteen years has been conducted ~
n high school under III. act 1 1858.
which proSid~t.
Whenever the school board. of two
or NOR" contiguous schoa districts
shall each deem II advisable To cs'nb.
lish union high school. the count >
superintendent shall. at the request of
t~o ~ the secretaries of the boards.
caiitng u meeting ~ the troars,s Inter
~~tcd b, giving personal notice Ia
zach member. which meeting shall elect
by ballot from am"nK the members oi
said boards. " n majority of a." mem
brrs of rach b,atd are present. n com.
mittee ~ thrs. To b~ known NJ the
high school committee ~ such union
high school. TIL. county p~iint-nd.
~nt shall h.. "x."fficio. an additional
member f such committee and shall
pr~ssds NJ the mc~tipr- thereof. There
shall h. elected n secretary ~ such
committee. and n need lee u treasurer.
In any cas-" In which the county seat
0e any county shah NIL he included In
one srhod district fas II the case with
our h.si, srhra.', the beard NJ su~h
district shall have the pssur towers NJ
establishing and organizing \ high s-hss'
as are hereby given I" the hs'~ria n
tho two "e more contiguous s~hosa di-
trscts. and In such case the high srhool
committee shall bs the heard of such
schoo, district. or such three m~,ot~s
~ they may select. High -rh""ls form
~ under the provisions of this section
shall ~ oisn +" all children fr'sn NIL
districts In the county IN which the,
arc ~ formed
Not w,thstsndinx tho allegations In the
~on piaint above quoted I" the effect
that tho county superintendent. -
far as appears from the is'"ks n re-.
cord NJ lbs office. has net been a
member n said hsfd. oe participated In
tts said affairs" the fact nrverth"lcs'
: remains that the county Superintendent
= has heen ~ ali times. II dow. amt for.
: eVeP vim BE- 4 member ~ the hiF,
tct. - ~