Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1916-09-23

THE EDEN VALLEY SCHOOL
DISTRICT CONTROVERSY

controversy which is receiving not
only county but statewide comment i,
the recent case involving the division oi
the Eden Valley school district, in Gus.
| ter county. The outcome of this suit is
eagerly watched by the people, for upon
its decision hinges the poor mans right
to educate his children at the expense
of the state. This assertion, at first
thought, may appear too broad, but
should the higher court decide that this
division should take place, then the
wealthier class of a community are en-
titled to segregation for the purpose OF
avoiding the payment of taxes which
would contribute TO the education Of the
children of the poorer class thus deny
ing them the right Of school privileges
on account of insutiiciency OF funds.
As this case has been discussed so
much, the writer has tried to collect the
facts in such way that the people may
judge which party TO the controversy
has the most meritorious side of the
argument. While the writer himself is
somewhat prejudiced in this matter, he
has tried to be fair in stating facts
The Eden Valley school district is
composed of two congressional town
ships there are three school houses in
the western division, and ore in the
eastern part; there are but two school
children in the eastern division and they
live close to one of the schools in the
western part the people in the eastern
part pay about two-thirds of all the taxes
of the district; the district school board
has been maintaining three schools in
the western part of the township for the
pasy year, and paying out money for
transportation and tuition, and the writ
er is of the opinion that they have been
extravagant in the use Of school funds
the people of the eastern division circu-
lated petition last spring asking the
County Commissioners to make a divi
sion of the district. Their contention
briefly was:
The school board has not used dscre-
ton in the handling of the funds; we
have no obligation to educate these peo-
ple's children; and it is too far TO 90 to
vote on school matters.
This petition was brought under Sec.
80 Of Art. III, of the School Laws OF
South Dakota, but before action on it
there was another petition duly filed
with the County Auditor and presented
to the commissioners by various signers
of the first petition, asking that their
names be withdrawn from the first petit
ton, as they had signed it without due
deliberation and were not aware of the
consequences that might flow from such
division. Regardless of this second
appeal, the commissioners ordered the
division, over the protest of the County
superintendent, and under the advice of
the States Attorney.
The people of the western half who
did not desire division petitoned the
Court for writ of certiorari and an or
der stopping proceedings in the matter
until the Court could investigate; the
petitioners moved to quash the writ and
were oyerruled. From this decision
they are going to appeal to the Supreme
Court.
The question arises, are the conditions
set forth in the petition sufficient TO
warrant the commissioners in making
the division. Personally, we do not
think they are. If the school board has
been corrupt in handling the funds,
there is legal remedy for such ills 1t
does not seem just to allow one party to
throw the burden on another simply be-
cause they do not desire to attack the
wrongdoer through the legal channels
If it is so bad for the district as a whole
to stand the illegal use of funds, how
much worse will it be for the few who
are left in the segregated district!
AS to their obligation to educate the
other mans children, we believe it is to
every ones advantage to help upbuild
the citizenship of a nation, and educa.
ton tends more toward that end than
any other thing, and we believe it is
every ones duty to do all he can along
that line.
The fact that it is too far to go to vote
on school matters, is too triing to need
anv comment.
The few faithful ones who have spent
their money to stop this proposed divi
sion are all people who are unable to
stand the expense, but they feel that it
is an infringement on their just rights,
and that they must fight i. to the last.