The Daily Alaska empire., 1950-06-07
School Districts 5 Dairy (ondeillna!''c
 Challenged in Court

The charge that the Juneau In-
 dependent School District Board
 lis acting like board of health
 was made this morning before Dis
 trict Judge George w. Folta dur
 ing condemnation proceedings ag-
 ainst the Smith Dairy, on whose
 property the district seeks to erect
 new grade school.
 The property lies roughly between the Glacier Highway and Harboi Way, and 18th and Irwin Streets north of the Juneau Diaries build ing, and toward the channel. ] A ballot was held last month by voters in the district to issue $7507-
 GOO in bonds for the structure and improvements of the property. The smith Dairy until recently was outside the city limits, but when the Highlands area was annexte, 1, it became part of Juneau. M E Monagle, attorney for Francis Smith, who now operate! the property, cross-examined Dr |J. O. Rude, school board president
 at length over the boards purpose
 in choosing the site for a school and asked:
 Isn't the condemnation of this
 property just for the purpose ol
 putting this dariy out of business?' Dairy Out Eventually" Dr. Rude said it was not, but that the time would come when the dairy inside the city will bt thrown out"
 Robert Boochever and William L.
 Paul, Jr., are attorneys for the school board. They put Sterling Is. Sears, school superintendent, or
 the stand as the trial opened te discuss the boards activities ano to identify the property they de-
 cided uron for the school site. As Monagle pressed the point that the Smith residence was not to be used as a site, but perhaps for teachers residence, Booch- ever objected on the grounds that the site chosen was not matter for decision by the judge. but lay within the powers of legislative action.
 | Judge Folta sustained the. objec' 1 tion, but allowed Monagle to per, sue his course because of the at torney's offer of proof that ths home site was not contemplated to he used for actual school pur- poses.
 In a discussion with the judge
 Monagle said:
 There is plenty of land neal there and yet they attempt to S-n
 these peorle out of their home ano
 dairy buslness.'
 The judge cautioned him that he must prove clearly that is the case, or his contention would not be allowed
 Dr. Rude said the board pre- ferred moving the house off the 1, property, but that we figured we could use the home for resi- dences if need be-
 There was no place for play ground" he said, and we must have room for that and also fu- ture expansion We prefer tht house off the property Monagle repeated his charge that there are acres of other land and yet you take their home" Judge Folta answered this him self, but asking:
 But isn't that the way witf any condemnation? Somebody will be put out in any case" Why not disturb some othcl |reople?" asked Monagle. Judge Folta stopped this line of questioning by declaring that cne court cant concern ourselves with lthat." Dr. Rude said the land was not the most desirable, but the most central available for a school He said the row of 10 or 12 homes Ion 12th Street west of the .JunSall Dairies building may be condemned later as the school expands. Dr. Rude, in response to ques- tion by Monagle, said preliminary plans had been drawn up for some two months on the structure. Do the plans show that the present Smith home lies on sie site of the school?" asked Mon agle.
 To this Boochever objected stren- uously, and was sustained by tht judge. The hearing was to resume eS.rl, this afternoon, at which time the judge believed he would have a ruling on whether proof had been shown the board chose the sit without contemplating its use as m actual school site.
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