The Carlisle independent., 1920-05-13
MUST PROVIDE A FREE EDUCA-
 TON
Supreme Court Rules School Board
 Can't Charge Tuition

The Supreme Court decided yester- day:
 That private lakes are not included in the law which makes it a crime to fish with net, seine, trap or other device lin any waters of this state" The decision was rendered in the case of Monroe and Vete Milton of Cross county.
 That J. E. Mason should recover $200 as damages of Walker D. Hines, director general, for the failure to promptly furnish him car at the station of Bradford in which to make shipment of his cattle.
 That Mrs. E. V. Beneaux of Craw- ford county is entitled to have deed to her cancelled, and to have B. M. Woodruff execute to her deed prop eriy describing the land she bought from him, portion of which was claimed by J. N. Sparks, who also bought of Woodruff.
 That the attack by c. c. Conlee on the constitutionality of Act 244 of the 1919 legislature, creating the Darda- nelle Road Improvement District, and the attack by H. C. Hunt and others on act of the 1920 special session validating the assessment of benefits in the same district cannot be sus- tained.
 That the Charles +. Leuhrman Lun- Der Company of Lawrence county is not entitled to damages against Coats & Green for failure to ship certain lumber which they had contracted for, as the Leuhrman Company first preached the contract, and was there fore not entitled to sue for the loss of profits it would have made had the en- tire amount of lumber contracted for been shipped. Coats & Green should have Judgment for $482.33 against it's adversary as balance due on lumber which it did ship.
 That there was no privity of con tract between R. A. Schmidt and oth- CTS of Franklin county, and Robert. N. Griffith, by which the debt of the Schmidt -Blakely Coal Company to Griffith would be paid, and the obli- gation of the contract of the Schmidts with the original purchasers of the coal mine was not made for the bene- fit of Griffith, and he is not entitled to sue thereon, and the judgment in his favor against the Schmidts should be reversed and dismissed
 That R. c. Chism of Pulaski coun- ty by means of fraud took undue ad- vantage of Martha T. Tucker of Pu- laski county, whereby he secured her interest in certain lands for $250, whereas her interest was worth $619.33, and she should have judg- n3ept for the difference between the two amounts.
 That the final account current of J.I A. Wheetley of Randolph County ad guardian of the Ethel Alton Myers should be approved and confirmed.
 That John ". Jasper of Sebastian county should recover s11,00035 of the New Coronado Coal Company as damages for the conversion of 2,420 tons of coal out of mine operated by him, and the wanton and malicious pulling of pillars in the mine, caus- ing the roof to fall. He sued for $55,- 6S1. 50.
 The Supreme Court yesterday af- filmed the judgment of Logan Chan cery Court that directors were not vested with power to establish high school and charge tuition
 Under special act of the 1919 leg islature the School Board of Special School District No. 65 of Bonneville was authorized to charge students tu- ltion whenever the board deemed it necessary Because of the lack of funds the board found it impossible to maintain free school for grades higher than the eighth grade, and un- der authority of the above act fixed ed tuition fee for pupils in the high school grades. S. E. Bangs and John Sutton instituted suit to enjoin the board from making such charge against the high school pupils and the Chancery Court held the special act under which the board was proceed ing invalid. The Supreme Court af- Armed that judgment, and in effect s.Pid that the constitution guaranteed td all persons between the ages of and 2l ggatuitous instruction, and that the act was in direct conflict with the constitution. The term public schools" or common schools" as used in the constitution includes high schools as well as grade schools. The court said that it was within the dis cretion of the directors, if there were not sufficient funds to maintain all grades, the common school should be limited to lower grades.
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