PAGE TWO
THE KKVIEW: REIDSVJIXE. N. O
TUESDAY, AUGUST I3RD, 1921.
Judge Long Dissolves Injunction
Asked Against the School Board
North Carolina
r.oekingli.uu County.
Ih ike Supi-rinr Court
August Term, l'.i-l
J. W. FapM-. tt i'l
N(j ) iinli'r
O. W. Martin, ( hm , t n 1 , (
This cause it.rnliin on fur h'ii rin
Kfore Hit' undersigned at this term,
appears that h -retofore His Hon
tr, Jui!),'' I.atie, p ante J the plainti.n
ti tempo' ary rt-t raining order, the
terms of which an' S' ! out In said
oniiT which is of record; an. I Hi"
taicl canst! was made rci ui nahle he.
lore the unclei sialic d and the plain
tin h now Insist that this restraining
order should bo made permanent
tnd coniniifd until there Is a hear
ing before the jury.
The contentions of the plaint ill s
and the defendants arc set forth in
the plucdings filed and Ui certain
, affidavits which have also heen filed
find in certain aflidavits which have
fclso hern f.led and appear In the
record. There was contention made
by the plaintiffs as to what were the
resolutions and records made ey
the defendant Hoard of Education of
Hoc k Ingham County which were ma
terial points controverted by the de
ftndants; and In order that the
Court might be informed with accur
acy as to what had heen actually
done by the Board from time to
time with regard to the school di-i-'
trlct or building of a school house,
' the Court finally addressed a com
munlcation to the Board of Educa
tion of Rockingham County, of dato
August 15th, 1921, which is made a
part of this Judgment, and requested
the Board to answer, over their sig
natures, which the Board promptly
did on the same date, and signed the
game and also made oath to their
report so made to the Court, setting
forth what had actually happened
before the Board from time to time
ind which is also mado a part of
. this Judgment.
The Court did not understand
from counsel of plaintiffs during the
; argument that they contended that
the defendants had acted in bad
faith or abused their powers or dls
cretlon with regard to the matters
complained of, but did, seriously,
question the regularity of their ac
tion and the accuracy of the resolu
tions as passed by the Board or fi
nally adopted by the Board; and al
to contended that It was unlawftul
to establish a new district or achoof,
, under the circumstances.'
The Court finds that the report
made on August 15th, 1021. in re
sponse to the Court's letter to the
ttnarri .mtn(riH an enitome of the
facts and circumstances '.with' regard
to the resolutions passed and finally
resolved by the Board, and that the
ume is also substantially set forth
In ExhlbtI"A."aJttacehed to this judg
ment and also made a part of the
Judgment of the Court.
Upon these findings of fact, the,
Court finds that ,. the defendant .did
not create a new district, bar simply
made provision for the building of a
branch school house in th. 'dl.Urh:t,
and to be erected as a part of the
school system for Leaksvllle Town
ship and within the boundary of a
district heretofore created and f
tablrshed. The Court can not and
does not find that the defendant
Board acted in bad faith or with cor
rupt purpose, but, on the other
hand, the Court finds that the Board
acted according to its Judgment and
without misconduct and; In good
faith und .'guided by what the Court
above has said heretofore where
there Is no. violation of law nor
abuse of powers or discretion, this
Court is of opinion that it Is not
proper for it to interfere with the
judgment of the 'defendants - In the
locution of a Tcliool house when
there has been no misconduct on the
part of the defendants," as was sa'd
in riikler vs. Board of Education
Hit U. (, 221. "This is a matter ttii
hhould ho left to the sound judg
ment of the school authorities, In
the absence of misconduct or viola
tion of voire provision of the Stat
uiei, i ho action of tie) school au
hoiities, In dividing townships in'o
school districts and in (T'Tlins and
maintaining school buildings canno;
be sup 'i vied or restrained by 'lie
Courts." Cuidi d, also, by what the
Court said in IVmborlon vs. Hoard
of 1-Mncat: ion. IT:' N. ('. .",.",1. "Th"
Statute to prescribe a limitation up
on the County Hoard of Education in
laying out new school districts, was
iot Intended to interfere with their
Judgment as to the location of a
school house, without misconduct on
their part. The provision applies to
the location of a school house which
is properly a matter resting in the
sound judgment of the local authori
ties, except when there Is shown to
lie somo misconduct requiring Judic
ial correction."
The Court, therefore, .dissolves
the Injunction, ami orders that the
plaintiffs pay the costs p this ac
lon, to he taxed by the Cleric.
11. K. I-ON'O,
Judge Presiding.
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' rwayeinitttoiion baTlncfenulnaorgvntelron
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Went worth, N. C,
August l.'th, 1021.
To Ills Honor, Ji'dge B. E. Iong,
Judge Presiding at the August
term of the Superior Court nf
Kocklngham County.
lH:ar Sir: Complying with re
quest made by your Honor, copy of
which Is hereto attached, as o
what was actually done by the
Board of-Education of Rockingham
County and what was actually put
upon the minutes of said Board, con
cerning the school estab.Ished be
tween' Spray and Draper, tho sali
Board of Education would respect
fully show:
That at a meeting of the Board of
Education of Rockingham Count v
held on March 7th, 1921, it was or
dered (hat the County Suerlntendent
Investigate the necessity of estab
lishing a new school district be
tween Spray and Draper and if said
district could be established accord
ing to law. that Messrs. Deshazo,
Mclver and Flinch urn be 'elected as
committeemen, such action being
based upon the application of a
number of citizens for the creation
of a new school district Southeast
of Smith river, between Spray and
Draper That L. N. Ilickerson, the
Superintendent of Schools for Rock
Ingham County, was directed by the
said Board' to -make. .;a thorough in
vestigation of conditions in said
community with reference to the
need of a w:hool and report his rec-
c-minenaauons to the Board at Its
next meeting.
Thnt at the meeting of the County
Board of Education of Rockingham
County on the 4th day of AprUraaai
h. N. Hlekeff-son, Superintendent,
reported that he had ascertained
that a new district, as applied for,
could not be formed according to
law; that he had made a thorough
invei tlgattlon of conditons and had
ennvassed the d rri.ory referred to
and recommended and advised that
said territory is In District No. 's.-I-enksville
Township, which includ
ed the' town of Draper and adjacent
territory; that the present school
facilities in District No. 3 were and
are inadequate for the accommoda
tion of the children of said district
nt prese.-.t, and v. .A bj inadeiiuat
for ih Increasing demand for
fchoo) f;;clll!iis In said district on
,'icenrit of continued growth anil in
er asing populati n In snhl districi.
that i! Superint 'iii'.i'i t reports tli ii
!h ie arc n:ere than seventy chi!
dren of f-ih.Kl ai'e in commur.
it y ar d ' advl.-e;i llu.t it j.; dpslra'')''
and necessary that a branch school
be stabllh'd in said District No ::
at a i nn enicnt anil proper place in
a d t. rritoty, tho tame to be of
!:!,nie!it ( instruction und to cost .
iiii :iu..t. !v live thoiisaml dollars
Arid, it appearing to the Board that
n f.'' i" was made by The Spra
U',:'i i Power t Land Company to
live t!"- necessary land on which io
! ui!d .-aid school and that the same
company had oflcred to contribute
ot;e lliousanil dollars In cash toward
the construction of Kuid bnlhlini: ;
and the Board, being of opinion that
it is necessary to build said
brunch school for the accommoda
tion of the children of said com
munity, a .-id found i.s h fact lhat ms
report and recommendation of the
Superintendet t of said conditions in
that community were correct and
proper.
Thereupon it Is ordered by the
Board that said branch be establlsii
ed and that the building be con
structed nt a point near, the resi
dence of Mrs. Cox, which point had
been pointed out to the Superintend
ent of Schools am! that the Superin
tendent of Schools secure deeds to
the necessary land and that said
building should cost approximately
five thousand dollars and the gum of
four thousand dollars wa9 appor
tion d to assist in the erection of a
school building above referred to,
the said building to be built of
brick and In accordance with the
State plans. That the purpose and
desire of the Board of Education
was to provide for a school by legal
method within the territory referred
to, to meet what, the said Board of
Education ascertained to be a public
necessity.
And the Board of Education wou d
further respectfully show: That the
notation on the Minute Book of the
Board, of its meeting of March 7th,
I 1021, referring to the establishment
of a new school district between
Spray and Draper, is a correct state
iment of what happened with refer
ence to the same at said meeting
That the notation on the .minute
book of said Board of its meetings
of April 4th, 1921, which statement
is set fo-th In the nff'.daslt of U W.
Clarke ynd fj. (', Gammon with r -,'erence
to Ml ill school N incorrect,
the same being placed on the minute
tool; by the s-tenc.grapher In the ab
sence of the Board and tho rcretary
:it:d said notation Is not ant nov, r
was n true record of what tb Hoard
did with lefiicti'i to said school
und was never ari'rcvrd or si.'.neri
by the Hoard and r.over became any
part of the ri cord.
That at a meet In? of the Board on
July 'th. !f:l. the Board caused the
minutes of the nvetings (if March
Uh. liCI, and April 4th, Be1!, to
re:'d and made such corrections as
were i'ir('-sary to show whrvt was
actually done by said Board with
reference to said school; that affer
sfii h corrections were made. ;ne
minutes were unanimously iip'irived
by the Board and sintu ; ,v the
Chairman and Secretary.
Respectfully submitted,
Ct. W. Martin. Chnlrman, Eugene lr- ;
vin, B. V. Mebnne, A. I). Hopkins, I
C. P. Wall. !
North Carolina,
Rockingham C'c unty.
C. W. Martin. B. V. Mebane, Eu
gene Irvln. A. D. Hopkins, and C. P.
Wall, each being duly sworn, says:
That the foregoing statement con
tains a true recital or the action of
the Board with reference to the es
tablishment of a branch school re
ferred to in the pleadings in this
matter.
Sworn to and subscribed before
me this the 15th day of August, 1921.
F. H. MITCHELL.
Justice of the Peace.
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MINISTER DISCUSSES
HIS WIFE'S TROUBLE
Thinks It Only Short Time Before
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The future Of music as an instru
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Office Over A. Bane's Store
Reidsvilte, H. C.
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ARRIVAL AND DEPARTURE OF
TRAINS IN REIDSVILLE
7 !
1 i
to
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Charlotte.
. . . .6:45 pm
to Dir
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Train 43 Danville to
due .......... ....
Train 29 Washincton
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Train 31 Washington,
gusta (stop to receive passen
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due ... . . . - - : . . .3:32 am
Train 127 Washington to At- -
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Train 45 Danville to Westmin
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Train 36 New Orleans to New
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Train 12 Charlotte to Rich
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Train 188 Atlanta to New
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