Paragould soliphone., 1922-04-17
MANDAMUS DENIED IN THE
 LIP STICK CASE
Judge Bandy's Decision Set ting Out Points in a Case That Has Worn Thread Bare in Print.

Corning, April 14.-The courts have much to learn from that swift idexterity by which the fair sex draws powder puff, dabs nose and returns powder puff. having manipu- ] lated a mirror the while and at taiped three or four different ex- ,pressions.
 1 Miss Pearl Pugsley, whose consti- i ltutional right to powder her nose ] was upheld by Judge Randy Wednes- Hay, learned of the laws delays when a writ of mandamus was re- fused on her fathers petition to ! have the court set aside rule 1 three," that baleful edict under which it is alleged that she was ex- Ipelled from high school, because Of iher cTusader's ardor for the powder when assailed by the brutal and powerful The ogre in that case was II. r. Hicks, principal of the Kno- bel High School.
 Judge Randy yesterday ruled that Hicks had acted beyond his author lity and therefore was outside the | law of agency as applied to him as an employe of the Knobel School Board, whose members the jurist l held up as rather the finest in America. Thus no action lay against the board, he said.
 Miss Pugsley has her own notions of law, and said:
 q will endeavor to obtain rul- ing from Chief Justice Taft of the Limited States Supreme Court in the event the Supreme tribunal of this state does not grant the writ of imandamus."
 The Judges Opinion. l Following is Judge Bandy's deci- sion:
 First. That the plaintiff is a resident of School District No. l l of Clay county, Arkansas, and of lscholastic age, and that she has not Lbeen guilty of gross immortality, re- fractory conduct or insubordination, and that the only offense urged against her is that she wore talcum powder on her face while attending school.
 Second. The court further finds that at the time of the alleged ex- pul5ion r. J. Sellmeyer, B. A. Scott land J. R. Mccoy were the duly elected, qualified and acting di- rectors of said School District No. il, and that defendant N. E. Hicks was the principal employed by them fer the school year 1921-22.
 Third. The court finds that on September 3, the School Board pass ed and promulgated Rule 3, which, among other things, prohibited the use of coametics by the pupils at Lending said school and that on the 22nd day of September, 1921, de- fendant N. E. Hicks in the morning and in the afternoon sent Miss Pugs- ley home for violation of a part Of the rule above set out and ordered her to stay there until she was ready to comply with this rule. The court finds that said rule as to cosmetics is arbitrary, unnecessary Unreasonable and void.
 Fourth. The court further finds that the evidence fails to show that the expulsion of Miss Pugsley by defendant Hicks was done under the direction or authority of the lSchool Board or that his action in the matter was ever approved of or ratified by the Board of Directors.
 Fifth. The court finds that as q matter of law, that mandamus will not lie in behalf of the plaintiff against either of said defendants to reinstate Miss Pugsley in school and her petition is accordingly de- nied. It is, therefore, by the court considered, ordered and adjudged that the plaintiff take nothing by this suit and that the defendants have and recover of and from the plaintiff in this suit all proper cost in this suit expended for which execution may issue, to which ruling of the court the plaintiff at the time excepted and ask that her exception be noted of record which was ac- cordingly done. And on the same day the plaintiff files her motion for new trial herein, which mo tion is seen by the court and being fully advised in the premises is by the court overruled, to which action lof the1|court in overruling her mo ton for a new trial the plaintiff al the time excepted and asked that her exception be noted of record which was accordingly done Whereupon plaintiff prays an appea to the Supreme Court of Arkansas which is by the court granted, and
 the plaintiff is given 120 days ir which 10 Drppare, present and fHt