Free trader-journal and Ottawa fair dealer. (Ottawa, Ill.) 1920-1927, 1922-08-09
COURT DECISION FOR
SOMONAUK IN TILT
OVER HIGH SCHOOL.
LEGAL FUSS WITH SANDWICH
TERMINATED FOR TIME BEING
BY RULING OF CARROLL COUN.
TY JURIST IN FAVOR OF "DE.
FENSE" - SANDWICH TO APP.
PEAL.

Judge Stransky of the Carol coun-
ty circuit court declared the actions
Of the ex.offico boards of DeKalb,
Kendall and La Sale counties in de-
taching the fifteen sections of school
derritOry from high school district
No. 402 of Sandwich, and attaching
it to the high school district No. 4OS
of SOmonauk to have been legal and
in accordance with the validating act
passed by the last legislature
From the facts agreed upon be.
tween the respective parties it ap-
pears that high school district No
402 of DaKalb, La Sale and Kendall
counties has been organized for some
years past. The major part of the \
territory population in the district is
in Dekalb county and the territory
sought to be detached from high |
school district No 402 was part of |
the high school district No. 402 of
DeKalb, Kendall and LaSalle coun-
ties under the action of the ex-oficio T.
boards. High school district No. 40S
is an organized district.
Ask Detachment.
On the same day the election wasi
held there were presented to the
county superintendent of schools of
DeKalb county, petition asking that |
fifteen sections be detached from high |
school district No. 402 of Sandwich
and attached to district No 40S at
Somonauk, adjacent thereto. The ex-
otiiciO board of Dekalb county CON
sisiting of the county clerk, county
judge and superintendent of schools
after receiving the petition invited
the boards of Kendall county to a
which was held May t2 1920
at the city of Sandwich, this being
within the boundaries of high school
district No. 40S. The La Sale board
held it's meeting May IA, 1920, at OF
tawa.
Injunction proceedings were
brought some time ago by the Sand
wich school district to prevent the
county clerk from extending any tax
in the Sandwich district without in
Guiding the fifteen sections which had
been detached by the action of the
eX-Officio boards. The injunction pro-
ceedings We're decided adversely to
the Sandwich district by Judge Stran-
sky and then the present proceedings
were brought.
The present proceedings We're di-
rected against c. w. Faltz. Fl. G.
Hupp, w. H. Wright, Alvin Warren
and James Rummey as community
high school board of education Gf
community high school district No.
40S of the counties of De Kaib and
La Sale them to show by what au-
thority they assumed to exercise the
powers of their Offices and to per-
form acts and duties and by what
right they act as board of education
over the territory being sections A,
5, s, 7, s, 3, Is, II, 16, 10, 20. and q,
and the west half of sections "a, 27,
%, Is, 10 and in township 81 range
5, being part of high school district
No. 402.
The contention of the Sandwich
school board that the act to validate
changes in the boundaries did not
make legal the action of the ex-officio
boards because the boards of La
Sale county were not petitioned the
original petition having been filed
with the board of De Kalb county
and copies of same only having been
sent to the other boards Further.
that the action of the boards was not
a concurrent action as provided by
the act, but was joint action and
void.
Also that at the time the petition
asking for a detachment was pre-
sented to the De Kalb ex-officio board
there was then no high school dis
trict No. 40S in existence. Other OBJ
iections were also raised
A statement was agreed upon be-
tween the attorneys representing both
sides and after arguing the law near
" all day Friday at the conclusion
Judge Stransky announced his deci-
sion in favor of the Somonauk school
finding the defendants not
guilty. The attorneys for Sandwich
district announced Immediately they
would appeal the case to the supreme
court.