The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1918-01-11
BATTLE over TUITION
BROUGHT into court
North Mankato Action Is
Before Judge Comstock
VALIDITY OF THE LAW
That Will Be One of the Points
At Issue, So It's
Hinted

Du ing this morning the first ac-
tual rounds were fought in the North
Mankato tuition controversy. This
case was up for trial on it's merits
before Judge w. L. Comstock of the
district court The suit is a mandamus
proceeding brought by J. c. Kum-
crow against the Mankato school
board to compel the board to admit
his daughter, Viola Kumerow, to the
high school without tuition. The
hearing commenced at ten o'clock
this morning. Senator H. N. Benson
and Judge A. r. Pfau appeared for
Mr.. Kumerow and s. B. Wilson APP
peared as attorney for the Mankato
school district. Representing the
school board were present Mrs. B. d.
Smith, chairman of the committee
on schools; Judge Evan Hughes of
that same committee; Superintendent
F. j. Sperry and Secretary E. F..
Soaring.
Senator Benson led the proceedings
of the case. 1t devo1ved upon the
school board to take the initiative in
the way of putting on evidence in
the way of attempting to justify the
was the first witness, called for the
purpose of Introducing some of the
minutes relating to the matter. Then
Superintendent Sperry was on the
stand the rest of the morning His
direct examination was completed
and the cross examination was in
progress at the time of taking a re-
cess to two o'clock.
Validity of the Law
Outside of the contentious of law,
which will be taken up later, and on
which no evidence was produced, the
contention being that TIL eact is un-
constitutional under which this pro-
ceeding is brought, the school boards
principal contentious are that the
present school building was built
for the purpose of accommodating
600 pupils, whereas the enrolment
now isq about 1875; including the
North Mankato pupils; that forty
more pupils will come in on the 21st
of this month; that the financial
condition of the board is not such
that it could be expected readily to
enlarge the building and increase the
facilities; s that 1.-THE building was
erected with ventilation to accommo
date 600 pupils; that when more are
in the building it is not good or the
health of the pupils; that owing to
the crowded condition there is not
sufficient study room; that some of
the pupils have to study in class
rooms while class work is going on,
which is troublesome to the teacher
and the pupils; that there is insult
ficient cloak room; that the library
has to be kept in former clothes
closet; that to get room for the Wis
iting nurse the office of the princi-
pal of the high iNschooI had to be
partitioned sinto two rooms; that the
number of pupils per class is in ex-
cess of the instructions and regula-
tons of the high school board; that
the rules of this board limit them
to thirty pupils per class, whereas
the average now is thirty-two; that
in forty minute period the teacher
cannot do justice to each pupil when
there are thirty-two or more in a
class; that the first-come, first-serv
ed idea has been carried out; that
the pupils that came first got into
the classes that they desired and
those who came last should not do
that; that often the Mankato pupils
were crowded out of the subjects
they wanted to study by outside stu
cents who got into the classes first.
The Cross Questioning.
Senator Benson in his cross ques-
tioning led to the impression that
he intended to question whether the
seventh and eighth grades being in
the high school building were not the
cause of it's being overcrowded, and
that these grades ought to be in the
grade buildings. As offsetting that
| the statement was made by the SUI
eriptendent that for a great many
years it has been the practice that
the eighth grade has been in the
high school building, because the
grade buildings are not large enough
and that more recently the seventh
grade was taken to the high school
| for the same reason.
Mr.. and Mrs Matt Lang of Austin
are guests of Mrs. Ida Lang.