The herald-advance. (Milbank, S.D.) 1890-1922, 1920-04-16
Consolidated District Battle.
ReyillO vs. Albee; Defendants Win
Second Round In Legal Battle.

Webster. S. D.-Wednesday of
last week the time Of Judge Ander-
son was taken up with the hearing
of the second round of the proceed
ings of the people of Revillo in
their attempt 10 obtain temporary
Injunction to restrain the officers
of Albee Consolidated Independent
School District No. of Grant
county from issuing bonds for the
erection Of school building and to
annul the consolidation.
The plaintiffs in the case were
represented by Mr.. Robert D.
Jones, Of Milbank and the defend
ants, who are the officers Of the
consolidated district and the county
superintendent of schools Of Grant
county, were represented by Geo.
S. Rix of MiIbank and Messrs.
Waddel & Dougherty Of Webster.
1t seems that on February 18th
last the Supreme Court of this state
rendered decision in case arising
at Hayti, in Hamlin county, under
the law of 1913, that common
school and an indepe ndent school
could not consolidate; and the at
torney for the plaintiff in the Al
bee case, brought his second. ap-
plication tor an injunction, on the
ground that the Hayti case ruling
also decided the Grant county case
1t seems, however, that the Hamlin
county case was started in FebrL-
ary 1919, while the Legislature was
in session and that the legislature
amended the statute to cure the de-
feet in the 1913 law and Judge
Anderson, after this had been dis
closed by the attorneys for the de-
PENDANTS. held that the decision Of
the Supre me Court in the Hayti
case, did not apply to the A'bee
case and denied the application for
the injunction.
A short time ago in this same
case the plaintiffs applied for a
writ of quo warranto and that after
a full hearing it was denied. The
order denying that second applica-
tion of the plaintiffs was drawn
in such a way that the plaintiff 8
attorney may take an appeal direct
ly TO the Supreme Court and it
may be that the matter will be pre-
sented to the Supreme Court soon,
as both sides Of the controversy are
desirous Of obtaining an early de-
cision.
In connection with the above
item it will be interesting to school
men and the public generally to
know that in the cases which arose
in the Hamlln county consolidation.
at Hayti and in which the Supreme
Court rendered decision last Febru-
ary. the Supreme Court granted a
re-hearing in those cases and sent
the down for re.argument on April
18th next. We understand that the
attorneys for the defendant in the
Albee case have been retained to
file brief with the Supreme Court
in the Hayti case. The outcome Of
the re-hearing will be watched with
interest by school officers all over
the state.
F. J. Cahill and L. N. Seim. Of
Albee and Nettie S. johnson,
County Superintendent Of Schools
Of Grant county. defendants in the
A}hee suit. were interested litig.
ants prt se 1t at the hearing.
Teoehers, efacefs Schoel Meeting
A joint meeting Of the teachers
and school officers Of the schools Of
the cou ,ty will be held next Satur-
day, With m interesting and con-
'sauetive program.
The High school orchestra will
open the first session which vii be
held in the High School 1t l0:So.
During the morning cen onst, . ions
Of work with . victrola such -
reading, pemanship and rhythm
games will be given. There will.
also b . conte..t In rope tying and
splicirg between the pupils Of the
different schools having vitalized
agriculture classes. A school
officers conference and . teachers
reading circle will also be in aes-
SION during the moruine the read
ine class being uuder the SUPER
v;s;on NJ Nias SNYDER. auperiutend.