The Mankato free press., 1919-05-09
FINDINGS, KUMER0W VS.. EDu-
CATION BOARD NOTAMENDED
ORDEROF W.L.COMSTOCK
Number of Decisions Were
Handed Down BY District
Judge


day afternoon, Judge w. l.. Comstock
denied the motion of, the board of
education of Mankato, that the court
amend the findings in the decision
rendered on Goptember Z, 1913, in
the case of TIC State of Minnesota in
relation of ]. C. Kumerow versus the
board of educ ton Of Mankato. The
motion was rlado by the defendant
board through Attorney S. b. Wilson.
Attorneys A. r. Pfau and Henry n.
Benson represented the plaintiff. In
filing the order Judge Ccmstock
stated that after hearing counsel for
the respective parties the motions OF
each and all were denied in all re-
spects.
With the order of the court a
memorandum was also filed In this
memorandum the court stated: ''The
testimony upon which the motions
are based is largely a statement of
opinion, conjecturaI, vague and in
physical conditions confronted by the
board of education in the administra-
tion of it's affairs"
'It may. be conceded that the
schools are connected but on the
other hand there is no conclusive
evidence that the application of some
different policy for the distribution
of the facilities, means and capacities
of the school properties would not
afford reasonable relief from the
situation now claimed to be existing
Concluding it is stated: ''It clearly
appears in the first instance that the
child of the relator was excluded
from school because of the non pay
ment of a tuition fee charged by the
respondent in violation of the rule
of law. In explanation of the viola :
tion of this rule the respondent at
tempts to justify by an explanation of
the difficulties of its administrative
affairs in which the courts and the
law are not concerned, the bare ques
tion calling for an Interpretation of
the rule of law and calling for notr-
ing else"
Attorney s. B. Wilson and Judge
Evan Hughes were both out of the
city today and it is not known wheth-
er the board will carry the case TO the
state supreme court
Other Decisions Filed
In the case of Carl Harbo versus
Cynthia Harbo, suit for divorce the
court denied the prayer of the plain
tiff for a divorce. Attorneys Som
son and Dempsey and S. B. Wilson
represented the plaintiff and c. D.
Daley the defendant
The court ordered that 500, with
interest from September %, 1917 be
paid the plaintiff in the action of W.
A. Beach versus John F. Dackinsl C.
E. Gilmore represented the plaintiff
and V. e. Bradford the defendant.
The suit was over the matter of COM
pensation for injury to H. S. Mabee,
an employee versus J. F. Dackins.
The Maryland Casualty company was
Insurer.
In the suit of w. A. Harding versus
George AtchiSon, the National Citi-
zens bank as garnishee the court
ordered that the garnishee be dis
missed and discharged in this pro-
ceeding. Attorney j. W., Schmitt
represented the plaintiff and Attorney
G. ]. Laurisch the defendant.
An order was handed down in the
action of John Graeber versus Emil
Schoyen as administrator for the
estate of Fred Kron deceased and P.
B. Greene. Attorney Hiram Golf ap-
peared for the plaintiff and Attorney
|J. w. Schmitt for the defendant 1t
was ordered that the plaintiff recover
the sum of 1888 OF with interest since
January, 1917 and that he also re-
cover 5000 with interest since May
20, 1918 and that the plaintiff deliver
to the defendant discharge of the
mortgage delivered by the plaintiff
to Fred Kron.