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Highlander Folk School — Part 15
Page 68
68 / 96
CHARTER VOID
(Centianed From Page 3),
persons and states of fact, and
unconsiitutinonal as fo others.”
fudge Opatiin then roled:
“The court is of the opinion
that the segregation laws of the!
siate es applied to private.
are consUtudional and!
walla...” .
BIES SALE
The court found that Aigh-
fander Folk School violated the
criminal Ipwa ef the state by!
permitting the mile af beer on
school property. 6° .
Judge Chattin ruled:
HIGHLANDER |
“The eourt is of further opin: |;
fon that the defendants having
violated
WROTE ALL ORKGHS —
The poegidert, ves Barina,
hantied Unt jmmiek ce aren
I fendunt. Me wrete a! the
|
checks, or designated sémeone
when bd was away, te'write the
checks. He had used the defend-
hold servanta. "
“He reared o family on the
defendant's property and all the
expense of taking care of bim-
self and famly through 25 years
were pald out of defendant's
funda... .2 vs .
“Horton testified thet during
the first whine "s poe enol be
put every in
Ing of the school with the idea
of getting ft out of the schoo! a
a later @ute. Horton -teatified
that for the past few years he
thas been receiving a salary of
Bome $9,000 annually, However,
e erimina] laws of|(he was uneble to preduce any
the xtate im that it haa per-'' record of directors, of executive
mitted the sale of beer to be |council, having fixed bis salary.
carne? out upon its property |The inference is that Be fined
withoart a permit. or Ncense, aod his own ealery.
permuiung integration in it8 | “These isn't sny proof that
schoo! works a forfeiture of ita!) 4, governing officers pf the
charter, the defendant having |defendant schoo] have ever pro-
accepted iu charter tte ao ‘tested any of the acts of Horton
cond uch at ‘a violation of, . ratio;
any of the provisiona of this /!in the illegal epe m ot the
charter aball gubyect the cor-| "OT. cparter of tha defendant
poration inte Frodaeeie at the provides: ‘The general welfare
Jucge Chattin also noted in Of society, not individual profit,
hia opinion: ja the objective for which tals
he court is of the further Charter is granted, and the
opin':r that im the view of the members are not stockholders
findicgy of the jury to the ef- in the legal sense of the term,
fect that Myles Horten. presi- ant no dividerds or proflis ahall
dent of the defendant enrpora- be divided amar he Fudge
tion, has been operating thie Chattin's op stat
scivc! for his own persona! | Tae Juige, Hae pestdes at
: Winchester, gate tim defendant
tin ie euch @& misuse of de- 4
fae: ti charter ag worn faz 8 Crys in which to appeal
feiture of same.”
Opens
."Toe preterderance of the
pee tart Uke wt et that Myles
fersinnt, Hagpaiaader Folk
iBcio! Test be handies ell the
jUewe, of lia #cuoul That al-
jtkeass Mig Bay Juctu wee
Me giccdter gt treasurer of
ie ect, ane did not write
the ahecks or bandie the O-
recece: of the school
Mr, Horton could mat be
reached by telephone.
Dist Atty. Gen A. F, @loan,.
South Pittsburg, Term, is aut:
“Judge Ohsttin’s opinion ts
very thorough and well -rea-
soned and shows that he has
fully given regard te the
theorfes 2nd insistances ef both
the relator (the state) and the
defendant (Highlander Folk
School).
FEEL RULING To STAND
" “We feel assured that in
event recourse to the appellate
courte ts had, Judge Chattin's
decision wil! be sustained on all
decisive Points.” Atty. Kelly
_ The Adtociated Prem in
Nashville reported that-Atty.
| Branstetter, attoroey for High-
lander Folk Scuool, made this
comment: * o>" So ;
“The decision was not alto-
peether unexpected since in ques
iWoning all the jurors and peo-
ple in the community, as the
record shows, they al) eaid thet
they did not believe in and
many said it was against thelr
religion for whiter and Nerrnas
se ae -
to alt in the mame classroom.
“Any other comment might
be Improper since the matter is
stil pending before @ Guly can-
stituted cour " the WNazhville
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