The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1922-02-24
H. S. STUDENTS REBEL
II REFUSE TO GIVE $3.50 TYPEWRITER
DEPOSIT = MANDAMUS FILED IN
GOURT-TIME EXPIRES MONDAY FOR
ANSWER BY SCHOOL BOARD.

The rebellion of number of pupils
in the Commercial Department of the
Westminster High School against an
edict of the Carroll County Board of
Education is stirring school circles
here. and appeal has been made to the
Circuit Court for Carroll county to
settle the question at issue.
petition for writ OF mandamus
has been filed by Theodore f. Brown
and Bond & Parke, in the rI,me of Jno
\: Weigle, petitioner, asking the Court
to order the restoration of his son Ed
gar to school privileges.
The petition alleges that the Board
of Education. on February l, passed a
resolution demanding from each pu-
nil a guarantee fee to safeguard the
care and use of typewriters in the
commercial department, the macmnes
to be inspected at the end of the
school ye2r. and pro rata charge for
repairs TO be made against this fund
and the balance refunded; the fee for
the remainder of this school year to be
$3.50
The petition further alleges that
this action was communicated to the
students by Edward c. Seitz. princi-
pal. and again by Maurice II. Unger,
superintendent OF education. who in
formed them that this fee must be
paid bv Friday February II, or the
defaulting pupil would be expelled or
dismissed from the high school.
There are 45 students in this de-
partment In body they at first re-
fused to pay Later, all but II paid the
sum demanded. On Friday last the II
were dismissed On Monday morning
however. they presented themselves in
their classes, but were ordered to
leave. Weigle demanded that the rea-
son for the dismissal be put in writing
and Mr.. Seitz sent him the following
letter:
Dear Sir:-Your son Edgar has
been dismissed from school because of
failure to pay $3.50 caution money for
use of tvpewriters. This is an order of
the Board of Education of February
/, 1922.
L. c. SEITZ,,
Principal"
The petition for naIaiamus charges
that the action of the Board of IIduca-
tion is illegal, unlawful and unrea-
sonable and calculated to work ire
parable injury and loss" to young
Weigle and the others who were dis
missed deDrivinG them OF their right
of a free education. their certificates
of graduation and impairing their
standing and character elsewhere if
they are either deprived or unduly
postponed of the benefits of their COM
mercial course.
Judge Forsythe signed a prelimin-
AIRY order giving the Board of Educa-
tion and Superintendent Unger until
next Monday, to show why the manda-
mus shOuld not issue.
The answer to the petition will not
be filed until the board and its counsel
Charles o. Clemson, shall have con
suited Attorney-General Armstrong.
1t is understood that the board claims
authority under the law to enforce reg
ulations such as that in question, and
viii denv the jurisdistion of the courts,
contending that under the school code
of the State any one feeling aggriey-
ed at the action of Il county board of
education or superintendent must ap-
peal to the State Board of Education.
whose decision will be final and not
subject to court review.
President James Pearre WantZ, Su-
perintendent Unger and Mr.. Clemson,
counsel to the local Board of Educa-
tiOn, went to Annapolis Yesterday for
personal consultation with the Attor-
ney-General. who will be asked TO
participate in the mandamus case