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Show State Supreme Court Rules Schools Open To Activities Validity of using school houses for shows and community activities, lectures, lec-tures, picture shows, etc., has been upheld by a decision of the supreme court. The mute question has been a source of much contention, and the action of the higher court of the state will likely settle the question-Commenting question-Commenting on the decision of the supreme court of Utah, the Salt Lake Tribune has the following: The law gives the board of education educa-tion of a school district authority to permit the use of school auditorium or other facilities for concerts, motion mo-tion pictures, lectures, dances, sports, and other activities, it was held by the state supreme court Monday. At the same time, the court points out, the board should use discretion in such matters. The case was that of George Beard against the board of education) of I North Summit school district, which' has attracted much attention. The decision de-cision of the supreme court was i nnnnii-imn thp rminioTl hpinir written superintendent of public instruction, and Dr. LeRoy H. Cowles of the University Uni-versity of Utah, to show that student body activities have an educational function, and are virtually necessary parts of modern education. Various court decisions on definition defini-tion of commerce are cited to show that baseball games, motion picture exhibitions and the like are not properly pro-perly commercial. By the laws of Utah, Justice Fol-land Fol-land finds, "school boards are given express powers to equip and maintain playgrounds, athletic fields and other recreational facilities, and to conduct plays, dramatics, moving picture shows, and other entertaining activities. activi-ties. "The element of a charge of an admission fee cannot be regarded as a determining factor as to whether a particular activity is commercial or not. Even professional baseball conducted con-ducted for profit has been held as we have indicated, to be not a commercial commer-cial activitv. and bv our statute, the by Justice Will H. Folland Mr. Beard, proprietor of an opera house at Coalville, complained as a taxpayer that the board was operating operat-ing the public property in a manner: contrary to law; and "as a business man that the board was entering in-1 to unfair competition with him. Judge J. W. McKinney of thej Third district, granted the injunction j which Mr. Beard asked, prohibiting, the board from doing such things in the future. The board appealed. j In deciding whether a demurrer; should have been granted, Justice j Folland holds that the plea that the board was in unfair competition with Mr. Beard should have been grounds for granting a demurrer to that plea. The mere fact that a man has been there first does not guarantee him against competition, it is held, and there was nothing in the evidence to show that the competition in this case was unfair. Demurrer against Mr. Beard's plea as a taxpayer was properly sustained, it is held. Judge McKinney was called on to interpret a law which forbids the use of school houses for commercial purposes. pur-poses. Judge McKinney held that when the activity was not a part of the school curriculum, and when an admission price was charged, or collected, col-lected, the school was being used for a commercial purpose. The supreme court quotes several witness, and particularly cites the testimony by Dr. C. N. Jensen, state legislature recognized that the school authorities may provide for or allow an admission charge to be made for entertainments held under their supervision." su-pervision." But, he adds: "While it is within the discretion of the board of education to permit the giving of picture shows and dances, or the ordinary competitive kind, in the school house, yet the board in the exercise of a wise discretion dis-cretion ought not to use school property pro-perty for such entertainments where the community is adequately served in this respect by private enterprise." Such discretion, it is held, lies with the boards and not with the courts. The people (have their remedy, tin case of abuse of discretion, by petition peti-tion to the board, and by the election of new members. However, when the North Summit board of education permitted the use of the school buses for the transportation transpor-tation of scholars and patrons to Lyceum Ly-ceum lectures, football games and the like, at the cost of the taxpayers, they were exceeding their authority, .he court holds, and the injunction was properly issued against such a practice. Such use should be allowed only for the transporting of students whose attendance at the function is required after school hours, and Judge- McKinney properly enjoined the use of the buses otherwise. The trial court is directed to make new findings of fact and decree in accordance with the supreme court opinion. |