State Ex Rel. Miller v. Board of Education

Lovins, Judge:

This is a proceeding in mandamus, original jurisdiction, by the State ex rel. Freemont Miller, Lena Canterberry, J. L. Stewart and Ed Smith against The Board of Educa tion of the County of Mason, a corporation, Henry C. White, Gilbert Rodgers, L. L. Caldwell, and E. H. Burdett, members of said board, W. W. Trent, State Superintendent of Schools, and Russell Starkey. The rule awarded herein was served on all respondents, but Starkey alone made return and answer thereto.

The facts are undisputed. At the general election in the year 1938, Starkey was elected as member of The Board…