The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1922-07-08
All Points in Board of EdUca-
ton Row Settled.
Miss Julia King to Collect Fees
From Miss Wooster.
MANDAMUS SUIT is SETTLED
Reno County High School Case
Is Reversed Today.
Walter ID. Jones, Jr., of Topeka,
Won't Take Examination.

day was given two legal black eyes
in decisions handed down by the state
supreme court. In the mandamus suit
filed at the request of the state board
OF education the court allowed a
| peremptory writ and settled all the
points raised. In the case of Julia B.
King, former secretary OF the state
| board of education, who left her job
following a controversy with Miss
| Wooster, and who was compelled to
take court action to obtain her salary,
the supreme court held that Miss KING
| was entitled to collect attorneys fees
| from Miss Wooster.
Miss Wooster held up the salary of
Miss King and undertook to discharge
her from her position as secretary OF
the state board of education without
| the board having acted. Miss King,
however, remained on the job until of
ficial action was taken by the board.
| Then, she began proceedings to compel
Miss Wooster to o. K. her pay voucher
up to the time she was legally and Of
/ ficially released from her job. She
| also asked that Miss Wooster be COM
PEELED to pay her attorneys fees
amounting to more than $500. Miss
| Wooster contested this part of the
| Shawnee county district courts de-
/ cision in favor Of Miss King, but the
supreme court upheld the district
court and Miss Wooster will be COM
PEELED to pay the lawyers.
Decides Other Issues.
I
In the board of education mandamus
suit, the supreme court today decided
| three questions that were raised in the
hearing and that were not decided at
| the time the court ordered Miss Woos-
| ter to turn over to the board its books
and records The three questions are:
First, that the state superintendent
does not have control of the issuance
of state certificates, and does not have
the power to refuse or regulate the
issuance OF such certificates.
Second, that the state superinten-
dent does not have the power or au-
thority to rank and accredit schools
and colleges of the state.
Third, that the state board of edu-
cation may meet at any time that IT
deems necessary, without being called
together by it's chairman, the state su-
perintendent of public instruction"
In the opinion written by Justice
John Marshall. the court reiterates
that the board of education or any
member of it has the right of access
to the books and records at any time;
that the director of the state and state
federal vocational educational funds
has the right of access to records per-
tanning to his duties at all times; and
that the state superintendent cannot
refuse to approve the pay vouchers of
those employed by the state board for
the purpose of administering voca-
tionaI education funds.
Miss Wooster's contention that the
illegal was determined in plain words
when Justice Marshall said in his
opinion:
The defendants contended that the
meeting of the board was illegal, and
for that reason denied the board ac-
cess to the books and records and re-
fused to permit the board to examine
them. That contention of the defend
ant was without merit. The board or
any member of it has the right of ac-
cess to the books and records of the
board and has the right to examine
them at any time during reasonable ,
hours whether the board is in session
or not. The defendants were not JUS
titled in refusing to any members of
the board access to these books and
records"
Time fin War Doesn't Count.
The time during which a plaintiff
was in the military service of the
United States in the World War can
not be computed as a part of the Pc
riod allowed by the civil code within
which an action for libel may be
brought. This was the decision of the
state supreme court in denying a re-
hearing in the libel suit of Charles F. !
Lewis against the Anthony (Kan.) !
Republican Publishing company.
The defendant publishing company |
filed a motion for leave to file an
additional petition for rehearing of
this case in order that 1t might urge
that Lewis was barred from action by |
the statutes of limitation. But the |
court held that this statute could not !,
be applied against him for the time |
that elapsed while he was in the |
service OF his country.
Reverse High School Case.
The state supreme court in revers- |
ing Reno county high school case. !
held that grammatical errors of the /!
members of the legislature in writing |
laws do not invalidate such laws and /
that where there are grammatical in |
accuracieS the legislative acts are sus-
ceptible to reasonable construction |
and il properly construed their vari- 1
Gus provisions present no material |
inconsistency This was the case of /
the state against William NJ. French, |
ct al, in which the wording of a high |
school law was brought into question.
Rosedale Consolidation Stands.
The suit brought by the city treas |
urer of Rosedale to prevent the con-
solidation of Rosedale with Kansas /
City, Kan, today was ordered dis |
missed by the state supreme court on /
the ground that the city treasurer had |
not the official power to bring such |
action.
Defendants Cannot Decide Cases.
Just because a man thinks he is !
Illegally confined in Jail does not en-
title him to dig a hole thru the Jail /
wall and escape and receive immunity /
for breaking jail. That was the deci- |
sion OF the Kansas supreme court in
the appeal of Robert Dilgar and /
Thomas Paine. appealed from the [
Trego county district court.
Dilgar and Paine were 1. w. w or /
ganizers and were arrested in Trego /
county during the harvest of 1920, on /
the charge of spreading the revolu- /
tlonary propaganda of the I. W. w.