Henderson daily dispatch., 1939-07-18
Demurrer In
Action Begun
In Scott Case

| A demurrer has been filed in
Vance Superior Court with Clerk E.
o. Falkner by the Vance county
Board Of Education and E. M. Rol-
Inns, county superintendent of
schools, to the mandamus action
brought recently by citizens of Dab
ney school district seeking to COM
lpel the school board to elect B. A.
Scott as principal for the coming
school year, it was learned today.
The demurrer challenges the legal
right of the petitioners for the man
damus, and sets up the contention
that the county education hoard has
the right, under the law, to refuse
approval of a principal elected by a
local school BOARD.
The mandamus proceedings were
started several weeks ago, and are
set for hearing before Judge c. E.
| Thompson at WintOn on Monday,
! July 81 This action was entitled
"G w. Harris. John Barnes, A. c.
O'Brien, j. B. Glover and L. A.
Wells, in behalf of themselves and
all other citizens, residents and tax
payers of Dabney school district,
Vance county, North Carolina"
against the ance county Board of
Education and E. NJ Rollins, county
superintendent.
The demurrer states that it ap-
pears the plaintiffs seek to exercise
discretion vested by law in the
County Board of Education; that it
appears that the county board and
the superintendent ''in the exercise
of the discretion imposed upon them
by law have declined to approve
Prof B. A. Scott as principal at Dab
ney for the coming year; that it ap-
pears there has been a disagreement
of school authorities, and that the
law provides that in cases of such
disagreement the county board "shall
elect all teachers, which election
shall be final for the ensuing school
maj 1t appears that the only
discretion complained of is not SUBJ
ject to the judicial power of the
State
1t is further contended that it does
not appear the "plaintiffs have a
clear legal right to demand the writ
of mandamus, or that the defendants
are under legal obligations to per-
! form the act sought to be required;;"
that it does not appear that the plain
tiffs 'have legal capacity to sue"
to require the board and the super
intendent to approve particular
person as principal of the school, or
that the plaintiffs ''would suffer any
direct injury, or any invasion of
property rights, because of the fact
that the defendants, in the exercise
of the discretion imposed upon them
by law have declined to approve
their selection"
It is also claimed that it does not
appear that the act sought to be COM
PEELED ''is an established legal right,
as it is alleged in the complaint, that
the selection of the principal of the
Dabney public school by the local
committee, was subject to the ap-
proval of the defendants" 1t is also
set forth that it does not appear that
the plaintiffs "have made a demand
upon the defendants for the relief
sought in the complaint"
Mr.. Scott has been principal of the
Dabney high school for the past
eleven years. When reelected a
! year ago, he agreed, it is stated, that
he would not apply this year, and
it has been stated that he did not
apply until petition was circulated
calling upon him to do so, allegedly
| signed by SO percent of the patrons
:: of the school, The Dabney school
committee by a three to two vote,
several times voted reelection for
the principal, but the county board
refused to comply. The county board
recently elected another principal of
the Dabney school for the coming
| wear