The Punta Gorda herald., 1922-08-18
TRUSTEES WOULD COMPEL
co. SCHOOL BOARD TOACT
Court Issues Writ of MandamuS
to Compel Board 10 District
the County

queen, VI. y. IGlCS ana fduI n. Tar
rett, as trustees, and as citizens, in
habitants and taxpayers of the dis
trict and county. have filed with Hon
Geo. w. Whitehurst, judge of the cir.
cult court, a petition 10 compel the
County Board of Public Instruction
to divide the county into county
school board districts as the law COM
mands. Col. Chas. 4. Waltmire rep
resenting the petitioners.
The petition was filed with the
judge Wednesday, and after consider
ing it he signed an alternative writ in
mandamus commanding the county
school board to divide the county into
county school board districts accord
ing to law, or appear before him on
Monday. September fourth, and show
cause why they should not so do.
The petitioners allege in their
petition that the county board has
never divided the county into school
board districts as required by law,
although the board did attempt to
make a division on May 30th, 1921.
six days prior to the day when they
met and perfected their organization
This attempted division, they allege,
was invalid, insufficient and ineffect-
ual in law "to so divide said county
and so establish said districts for the
following reasons:
Said action was taken be-
fore the organization of said board
had been completed according to law.
Said attempted division of said
county into three county school board
districts did not so divide said coun-
ty into said districts so as to place
in each district, as nearly as practic-
able, the same number of qualified
voters, as required by law, but on the
contrary said attempted division was
so drawn as to place in district des-
ignated district number one approx
mately !, 006 qualified voters; in dis
trict designated district number two,
approximately 166 qualified voters,
and in district designated number
three. approximately 121 qualified
voters. "
No certificate of said attempted
division /" has ever been made
" and filed with the clerk of the
court as required by law. 4
mo certificate of such division or
attempted division q has ever been
published in a newspaper published |
in said county as required by !
law.
"No certificate or said County |
Board of Public instruction has ever
been made or filed in the Office of the
clerk of the circuit court NAM
ing the election districts comprising
each county school board districts, so
attempted to be established as afore-
said, as is required to be done by
law, but on the contrary, at the time
of the adoption of said resolution and
attempted division of said county in
to proposed county school board dis
tricts, the election districts of said ,
Charlotte county had not yet been
established by the Board of County ,
Commissioners of said county as re- Z
quired by law, and said election dis i
tricts were not established by said q
board until long thereafter; to wit: q
on the seventh day of November, A. !
D. 1921. ,
THAT said members of said Coun-
ty Board of Public Instruction, have
ever since the said ninth day of June,
A. D. 1921. failed, neglected and re- q
fused, and are now failing, neglect f
ing and refusing TO divide said Char =
lotte county into county school q
board districts as required and con- {
lemplated by law, as aforesaid, al s
though often requested so to do, by n
petitioners herein, and other citizens !,
Of said special tax school district h
6 and other citizens and qualified p
voters of said City of Punta Gorda a
and Charlotte county; that said fail :
are. neglect and refusal of said men, A
)ers to take action constitutes fla n
grant disregard of the public duty, r.
imposed upon said members of said O
,oard, by law; that by refusal, fail il
Ire and neglect to discharge the pub
ic duty, trust and obligation devolv-
ng and imposed upon said members m
# said board as aforesaid" the "pe- A
itioners, the inhabitants of said spec W
al tax school district =, the citi- g
ems and qualified voters of said city h
f Punta Gorda and of Charlotte
ounty, and the public generally, are
realty wronged, injured and depriv- =
d of their just, lawful and equal
lights. in that by said pretended or
tempted division and in the y
aid failure, refusal and neglect of ~
he said members . to make a
vision " as required and con- D