Every evening, Wilmington daily commercial., 1919-12-10
SUPERIOR COURT
ORDERS OAK GROVE
SCHOOL DELIVERED
Grants Writ of Per -emptory Man
damus on Old Commission,
Returnable on January ).
APPEAL MAY BE TAKEN

Through an order made in the Superior
Court today, the old commissioners OF the
Oak Grove school arc directed to deliver,
on January 5, the property and other
effects to the new County School Board,
appointed under the new code.
An effort is to be made, however, 1t was
intimated today, TO have the order
stayed, through an appeal to the Supreme
Court, until the matter can be argued
there on a writ Of error, IN which the con
stitutionalitv of the new school code is
questioned
Today was the time set for return Of the
alternative writ on the rule issued by the
court some time ago on the old commits
sion to show cause why 1t should not
deliver the property to the county board.
Accordingly, when the case came up
TODAY John w Huxley, counsel for the
old district commission, moved that the
alternative writ be quashed. Judge
Boycc and Rice, who were sitting, con
ferrcd on the motion, after which they
denied to grant it. Next Mr. Huxley
filed return to the alternative writ,
taking the ground that the law under
which il was issued-the Code-was
unconstitutional William s Hilles, rep
rcsenting the new County School Board,
moved that the return be quashcd. This
was granted by the court and Mr.. Huxley
was allowed an exception
Whereupon the court issued a pre-
emptory writ Of mandamus on the old
commission, rctlrnable January 5, re-
quirlng it to deliver the funds and effects
in its possession.
Having taken an exception, Mr.. Hux-
ley, it is understood intends to take
the case to the Supreme Court on writ
Of error and there attack the constltu-
tionality Of the law on grounds different
from those on which it was attacked
before that tribunal q few months ago
Two Of the old commissioners at Oak
Grove il is said arc creditors, therefore
giving them claim On the property
ATTACK on THE LAW.
MIR Huxley. in his attack on the law
contends that it is in violation Of Section
10. Article l Of the Constitution Of the
United States, in that il impairs obliga-
tICns and Ontra I
He points out, in his etIrn, that the
Ga Grove commission incurred $500
in liabilities last ear, for maintenance
and operation, also that there are out
standing taxes for last year aggrcgatlng
S735 lie holds that there viii be no
referred to and no person 10 collect the
outstanding tax if the old program is
intcrfercd with. He also SAYS there is
d bonded debt Of $4,000. with an ar
ranrcrnent to partially llquidate Il each
year He SAYS the budget does not
contemplate carrying out this program.
lie points out that the board Is II debt
TO two Of the commissioners and saws
thar ohityati0n wOI1lG bp Iu4v9Irp6 They
are Irwin ]. Hollingwsorth. 1925 for ma
terials furnished and labor performed
and Lewis 5 Cloud, the clerk, Sl5I.03,
for services.
SAYS LAW IS CONSTITUTIONAL.
Mr.. IIilIes, in his motion to squash the
return Of the commissioners, gave the
following reasons.
l. That said return is insufficient in law
? That the questions raised by the.
said return are immaterial TO any issue IN
this cause.
3. That the Delaware School Code 50
far as any matter concerned IN this cause
is not in violation Of the Constitution OF
the United States or OF the State Of Della
ware
4 That the questions Of law raised BY
said return are Immaterial so far As this
proceeding is concerned and cannot be
ran ed BY the defendant herein
The Oak Grove school commissioner
who are the defendants, are Irwin J.
Hollingsworth, Lewis 5. Cloud, Banoni
Cooling Thomas Marshall and Clinton
Workheiser. The County School Board,
the plaintiff, comprises George l.. Mcdill,
Eugene Shallcross and Warden r. Hum
phrey.