The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1920-10-04

OF DISTRICT 10 WHICH They
DESIRE TO co.
Hon. Frank B. Gary, judge I of
Eighth Judicial, Saturday filed with
Clerk of Court Perrin an opinion in
a case of more than passing import
ance. The case is that Of W. S. Cor
don and J. E. Hagen against J. R..
Bell and others, trustees and teachers
Of the public schools in Due West.
Messrs Hagan and Gordon live in
School District No. SO, known as
Parks District, while the Due West
School District is No. 80.
For some years the plaintiffs, Ha-
gan and Gordon, have sent their chill
dren to the Due West school, claiming
the right to do so without paying tut
ton, while the school authorities of
the Due West district have uniformly
demanded, and until this year have
collected tuition from them. This
year the plaintiffs refused to pay tut
tion, though they were given chance
to do so and send to the Due West
school, and the trustees refused to
admit and enroll these pupils.
Notwithstanding the refusal Of the
trustees to admit the pupils, the
plaintiffs sent their children to the
school and at the same time applied
for an order of injunction forbidding
the trustees of the Due West district
to reject them as students in their
school. A temporary order of injunc-
tion was signed by'Judge Gary sever
al days ago. the same containing q
provision that the trustees of the Due
West district might move to vacate
the order, if so advised.
The trustees made such a motion
which was argued Thursday before
Judge Gary. They based their motion
on the ground that the Act of 1912
amending the general law on the SUBJ
ject provided that such pupils should
not be admitted into a school in a
district other than their own without
the consent of a majority of the
trustees of the district to- which they
were sougt to be transferred. The
plaintiffs claimed that this law had
been repealed, and tine argument of
the case centered about this legal
point, though there were other
grounds for the motion as contained
in the notice.
Judge Gary makes careful review
of the law on the subject, giving a
history of the law on the subject. He
held that the law of 1912 had not
been expressly repealed and if re-
pealed, it had been repealed by i'm
plication. Inasmuch as the law does
rot favor repeal of statutes by i'm
plication, and the amendment of 1912
does not in terms conflict with later
amendments of the law, he held the
1912 amendment still of force and
accordingly revoked the order Of
temporary injunction, holding that
under the law the trustees of the
school district have a right to man
age the affairs of their district as they
see fit.
This holding does not apply to the
Due West High School for the reason
that it received state aid, and under
the general la with regard to high
schools receiving state aid student
from any other district in the state
has a right to attend it.
The decision of Judge Gary will
set at rest, at least for the present,
the uncertainty which has existed or
this subject. There has been a great
deal of confusion in the minds of
trustees and patrons about the law
on this subject in the' past, and much
doubt has been expressed as to just
what law governed. Trustees, if they
follow the order of Judge Gary, may
low know just where they stand. The
trustees of every school district, il
other words, have the last word as to
he affairs Of their district in so far
IS pupils from the outside are con-