| Show Injunction Motion Quashed By Judge i i t I By BETTY BETrY FISHER FISHERA A technicality in the law caused an injunction against the Davis Count County School Board to be quashed The act action on took place in in Second District ct Court Tuesday IT WAS argued that the summons served on the school board had not been dated by bythe bythe bythe the deputy sheriff who served it According to the Utah Rules of Civil Procedure a summons must be dated to assure assure assure as as- sure that the party which the summons is served on has at least five days prior r to the hearing in which to prepare his case was the argument given by br William H. H King the boards board's attorn attorney y Plaintiffs Plaintiffs' in the case are James H. H Starkey and his son James Harold S Starkey for himself and all other persons similarly situated THEY TilEY HAVE VE filed a civil suit against the board of education education education ed ed- of the Davis Count County y School District on on behalf of it H I i 1 rj r- r j I 7 t 11 you young ng Starkey a a ast student st dent at Davis High School and on behalf behall of ol all other persons who are similarly situated and all other persons who are subject to the terms of the resolution concerning married married mar mar- ried vied students which w was a s passed by the school board on Jan 8 1962 The young man was was a member member member mem mem- ber of oC the Davis High wrestling wrestling wrestling wrest wrest- ling team vice president of the schools school's Boys' Boys Association and a member of the schools school's usher squad He got married on Dec 22 1962 and upon his return to school was dropped from Crom participation in these three a activities as an enforcement enforcement enforce enforce- ment of oC the boards board's year old resolution IN HIS complaint it states state s that the school board does doesn n not t have the jurisdiction or S authority either expressly o oby or orb orby r b by implication to govern o or control by resolution or rule the time and place of marriage marriage marriage mar mar- of oC students within th the e jurisdiction of said school dis dis- Further said resolution 5 is i s discriminatory in its its its' application application tion lion to married man students as a class and to some students within the class IT ALSO claims that the resolution res res- resolution prevents the plaintiff from exercising his right to participate in the educational program in the said school district without just cause and contrary to provisions provisions provi pray of or Article III in Section 4 I and Article X Section 1 of or the Constitution of Utah It refers to Article X 1 Sec 1 which sets forth the power to regulate the attendance and participation of students inthe inthe in 01 the schools of Utah It cites 53 29 of ol the Utah Code Annotated Annotated Annotated Anno Anno- in reference to the standards of high schools being being being be be- ing set by b the State Stale Board of Education and defendant has no authority to prescribe standards which shall operate only in the Davis County School District and arc not uniform throughout the slate state of Utah ALSO STIPULATED in the civil suit file is this state state- ment the regulation of o 0 f C marriages and pf pC- attendance and participation of the plaintiff plaintiff plain plain- tiff mf and all all' others similarly situated is outside the jurisdiction jurisdiction juris- juris jurisdiction diction and powers authorized in 6 53 of the Utah Code This particular l r section of of the Utah Code which deals with Further Furth r powers Vers of 0 f See S e INJUNCTION on J sage age 3 Its It's Full Jail Jaal Week L leek Time Continued from rom page One too loo drunk to book so there is no information listed as to his age or residence He was fined and sentenced to serve five live days Also arrested on public intoxication in charges were Earl Ransom 3 36 Layton a and n d dEmile Emile L L. L McCanless 44 Layton Layton Lay Lay- Layton ton fined 15 each and sentenced sentenced sen sen- fenced to serve seven days with the sentence to tD be suspended suspended sus sus- upon payment of the fine ELVIN James Wardle 44 Layton was being held in lieu of 1000 cash or property bond bondon on an insufficient funds check charge Oscar Edward Kelly 38 Ogden Ogden Og Og- den received a total fine of and sentenced to 90 days with the days suspended on a 30 day 30 day probation on three 1 charges He was charged with drunk driving driving without a license and using another persons person's license TWO MEN DIEN are being held heldon on burglary charges They are Cornelius Lee Blair 24 Ogden Og Og- den whose bail was set ai at 2000 cash or property bond and Clyde CoNey Conley 24 Ogden charged with secom second degree burglary was ordered held with no bail for the Secand Second Second Sec Sec- ond and District Court Court- bf |
