Evening star., 1925-06-05
COURT WILL GRANT
FRAT MEN RELIEF
Justice Bailey Gives School
Board Brief DeIay-WiII
Order Boys Reinstated.

wv
Justice Bailey of the District Su-
preme Court this afternoon clearly
intimated that he will grant a man
damus against the Board of Educa-
ton requiring them to restore the
three members of the fraternal organ
izations who applied to the court for
relief when they were deprived of po-
sitions in athletic and other school
activities.
At the request of Assistant Corpora
tion Counsel Wilkes. the court defer
red his opinion to permit counsel un-
til next Monday to submit a brief
showing that the action Of the Board
of Education of June l. 1921, by which
they attempted to alter the regulation
relating to fraternities and sororities
was legal and valid.
Notice Not Mailed.
The entire session of the court today
was occupied by an argument on the
question of jurisdiction Attorneys
John f, Laskey and Richard G.
Thompson, for the scholars, claimed
that the regulation was amended at
meeting which was not preceded by
n NilllSil llOltCC IlieLllcu W Cc1lf
ber of the board three days before, as
required by the bylaws of the Board
of Education. Counsel also cited
cases which held that the rectifying of
the minutes of a previous meeting did
not correct the lack of notice of the
preceding meeting.
Mr.. Wilkes attempted to distinguish
the cases cited from the case at bar,
but was forced to admit that there
had haan notice of the n1aAtinP
required by the bylaws when the
regulation was amended. He claimed,
however, there was actual notice to
the members who had been present
at conferences with Supt. of Schools
Ballou, in which the superintendent
had complained of the fraternities and
sororities and had asked for an action
against them by the board.
The court intimated that he was
not satisfied that such notice could
correct the omission of the formal
notification. but gave counsel time to
submit a brief.
Expulsion Threatened.
An inquiry by Justice Bailey
brought out the fact that the old
fvle of the board called for expul-
sion of a scholar joining fraternity
and Mr.. Wilkes suggested that the
scholars might be met by this more
drastic action II the board were re-
quired to restore them. The court re-
marked that was another matter and
probably would bring forth another
proceeding if attempted.
Supt. of Schools Ballou sat with Mr..
Wilkes during the arguments.
The arrival of Mr.. Laskey in court
was made the occasion of a demonstra-
ton by the scholars in attendan nee
who loudly clapped their hands. JUS
tice Bailey rebuked them and an
nounced that if any further demon
stration took place the perpetrators
would be called before the bar and
punished for contempt.
Board Not Unit
The Board of Education in divided
ranks appeared before Justice Bailey
through Assistant Corporation Coun-
sci James Wilkes to oppose the is
suance of the mandamus asked by
parents of three of the high school
boys to compel the restoration of the
boys to positions in the athletic and
other activities of the school from
which they had been deposed becau 4
of connection with the "frats" VIII II
had not the approval of the bog d.
James T Lloyd, president of the be rd
and Rev. DR.. Bennett represented the
majority of the board, while Capt.
julius ]. Peyser appeared for himself
and Ernest Greenwood, vice president
of the board, who are in sympathy
with the frat" members and wish to
see the court order their restoration.
Principals Kramer, Daniel and Hart
were attentive listeners to the court
proceedings, and a number of the
members of both frats and sororities
were present.
File Separate Answers.
Peyser and Greenwood filed separate
answers to the rule which was issued
some days ago by the court against
the several members of the board.
They admit all the charges made by
Attorneys John e. Laskey and Rich
ard c. Thompson, representing the
parents of the boys The two board
members admit that the order ex-
Guiding the frat members from school
activities was arbitrary and unrea-
sonable," but do not adopt the words
of the petition, which calls the regu-
lation arbitrary and capricious."
View of Majority.
The other seven members of the
board Joined in an answer in which
they assert that the "frats" hamper
the discipline of the schools, lower
the morale of the pupils and interfere
seriously with the education ana ac-
complishments of the members of
such organizations. They also charge
that ''frats' create and foster a spirit
of snobbery and eXclusiveness highly
detrimental to the welfare of all
pupils in the school.
The argument today was confined
to the case of Chester c. Ward, IT
years old, son of John NJ. Ward, an
Army officer, but the decision will
fyun &c
understood.
MhHEhRI hNE TIED