The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-01-03
GIRLS LOSE CASE
lContinued from rage one.I

lOOuNAHAEh HUN d6S OHc.l
The only method of reviewing
or of testing It's validity, is by
a suit such as this wherein it is al
legged that the board acted in bad
faith and that its conduct was arbi-
tTary and oppressive
VIII Not Dictate
The courts will not attempt to
dictate the policy of the board of edu-
cation in regard 20 the government OF
the schools, but will leave that to
the judgment of the board. where the
law has placed it; nor will the court
attempt to regulate sororities or fra
tcrnities in the Topeka high school, all
this must be left to the discretion of
the board of education, which dis
erection, under the law, is wide and
necessarily so. 1t is only when bad
faith on the part of the board is
shown that the court will interfere,
and then only for the purpose of de-
termining whether The board has eX-
ceeded its power or acted in bad faith.
1t is not for the court 20 question the
correctness of the findings made by
the board in any given case. or to
criticize the wisdom of its conclusions:
provided, it has acted in good faith
and upon facts tending to support its
determination.
The court cannot step in and sub
stitute its judgment for that of the
school officials. The harm that would
result to the school from such action
is too apparent to need comment.
Therefore, in this case, in the absenca
of some showing that there is bad
faith on the part of the school board,
it's order as to the plaintiffs in this
case must stand.
The application for the temporary
injunction is denied
Will Be No Appeal.
Following the decision Judge T. F.
Carver. attorney for the school board.
made a personal statement to the
court wherein he spoke of the trou-
bic which occurred in the court room
Friday evening. Following the argu-
ment on that evening parents of the
girls insisted that The boards attor-
neys had called their daughters
liars" during their argument The
assertion resulted in a stormy session
between the boards attorneys and the
girls parents.
Judge Carver states today that he
did not make any personal attack upon
the girls and that he did not step out
side the lines of argument in his argu-
ment. Judge Carver offered to leave
the affair to the court for decision.
Whereupon Ed McKeeVer arose and
stated that both the boards attorneys
had called the girls liars. Then ]. B.
Larimer arose. I'VE did not call the
girls liars or use the word liars" he
said, therefore we have no apology
or explanation" McKeeVer was in
clined to take up the argument. How
ever. Judge Dana interfered and ter
minated an attorneys row. The court
reminded McKeever that words of the
opposing attorneys had no reflection
upon him whatever they were The
affair is closed" said the judge.
Following court adjournment, Ed
McKeever stated that there would be
no appeal or continuance of the legal
controversy over the suspension.
Origin of Trouble.
Although high school authorities
have been fighting alleged secret or
dets ever since the stringent Kansas
law, abolishinS them from public
schools, was passed, the row famous
high school case is the first of its
kind to attract much attention. The
war waged on frats by Superintendent
II +. Wilson and Principal A. J. Stout
has attracted wide attention Expul-
sion of boys alleged to have belonged
to frats have been frequent. Some
times the boys were reinstated after
promising 20 be good" and sometimes
the suspension stood as ordered.
Testimony all through the ''soror-
ity'' case was watched last week with
much interest. Outsiders have pro-
fessed as much concern in the out
come of the case as have the prin-
c1pals themselves Last week the first
division court room was jammed every
! day Girls in fashionable dresses.
mothers in just as fashionable apparel
fathers and members of the school