Evening journal., 1919-12-10
code MAY REACH
Highest COURT
Rumored That New Legal
Battle Will End in SUI
preme Body
OLD COMMISSIONERS
LOSE DECISION

a percmptory mandamus, requiring
Irving J. Hollingsworlh. Lewis 5. Cloud
Bcnonl Cooling, Thomas Marshall and
Clinton Workhelser. former School
Commissioners OF School Distric. No.
1870. The Oak Grove district, 10 turn
over all The property. effects and funds
OF the district TO George l.. Medill, Eu-
gene Shallcross and Warden r. Hum
phrey constituting the Coupty Board
Of Education. was issued by Judges
Boyce and Rice In Superior Court this
morning.
This action Is probably only the be-
ginning OF another nrht on The con-
stituliOnaliiy Of the new school code,
which i. Is rumorcd may end IN the
United States Supreme Court John
W. Huxley. representing The old COM
missiOncrs, his morning took an eX-
copt!on 10 the issuance OF tht peremp-
tory writ, and 70 Is understood, viii
take the matter 10 the state Supreme
Court on a writ OF error. The State
Judges decided the code was constiu-
tional several months ago
Today had been set as the date FOR
the return OF a rule issued for the old
school commissioners 10 appear in court
10 show cause why the peremptOry
writ Of mandamus should not be is
sued against them
When the matter came before the
court today, Mr. Huxley asked that the
alternative wri { Of Mr.. Hilles be
quashcd, on the grounds that 70 is I'M
constitutional. His motion was de-
MED. however. Mr. Huxley then fled
his return 70 the alternative writ, which.
upon motion Of Mr.. lIilles, was quashed
by the court.
Mr.. Huxley. in his lengthy return 10
the writ cOntended that the code is
unconstitutional and void, In that 10 vio-
lates Section 10. Article 1, OF the
United States Constitution, in that II i'm
pairs obligation Of contracts.
In his return. Mr. Huxley set forth
that the board at Oak Grove had In
CURED liabilities 10 the amount Of 500
for the maintenance and operation OF
the school. and. also. that there are
outstanding school taxes 90 the amount
OF s73J FOR 1918. II required TO turn
over the property, effects and funds Of
the district, the return alleges, there
will be no funds with which the said
committee or county board can legally
pay the said indebtedness and othen
there will be no person 20 collect the
outstanding taxes.
There is bonded indebtedness OF 500
OGO on the school properly 70 is al
legged. and interest on II is required
each year. The budget makes no pro-
vision for the payment OF the interest
on the outstanding bonded Indebted
ness. it is cOntended.
The return brings out that Mr.. Holl-
ingswOrth, a member Of the old COM
missioners, IS a creditor for Si2j for
materials. work and labor furnished
during 1918 This obligation It Is al
legged is impaired as there Is no pro-
vision made TO raise money by taxa
ton for its payment
Lewis C.. Cloud. another OF the old
commissioners, IS also 2 creditor for
Si5i % for services rendered, It is set
forth.
The grounds Of Mr.. Hilles on which
Mr.. Huxlcy's return was quashcd were
that the return was insufficient in law:
that the questions raised by the re-
turn were immaterial 10 any issue In
the cause; that the Delaware School
Code. so far as any matter concerned in
the cause. was not in violation NJ any
provision OF the CONSTITUTES. OF the
United States; and that the questions
OF law raised by the return were i'm
material so far as the procedure was
concerned and couldn't be raised by
the defendant herein.