xt70zp3vt865_272 https://exploreuk.uky.edu/dips/xt70zp3vt865/data/mets.xml https://exploreuk.uky.edu/dips/xt70zp3vt865/data/63m46.dao.xml unknown 14 Cubic Feet 31 boxes archival material 63m46 English University of Kentucky Copyright has not been assigned to the University of Kentucky.  Contact the Special Collections Research Center for information regarding rights and use of this collection. Harkins Family papers Mineral rights -- Kentucky -- Floyd County -- History. Law reports, digests, etc. -- Kentucky. Mining leases -- Kentucky -- Floyd County -- History. Practice of law -- Kentucky. Bankers -- Kentucky. Banks and banking -- Kentucky -- Prestonsburg. Coal trade -- Kentucky -- Floyd County -- History. Lawyers -- Kentucky. Moore, Aaron et al. v. Johnson, A.H., superintendent of schools of Johnson County Kentucky text Moore, Aaron et al. v. Johnson, A.H., superintendent of schools of Johnson County Kentucky 2016 https://exploreuk.uky.edu/dips/xt70zp3vt865/data/63m46/Box_25/Folder_4/6113.pdf 1934-1935 1935 1934-1935 section false xt70zp3vt865_272 xt70zp3vt865 1 . :ffi n-bnhcu—u—H
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The reggondent, A; 32.. Johzmon. enters. motion for
rule against the complainants héerein to make definite and
certain the allegaticzne and statements and the c1111 rgea '
herein preferred against the defeadamt, and particularly .
Paragraph 5 thereof by setting out. the names of tha tea-
chars Wham it is alleged this resmndent employed 11.11110 do I.
not have the certificates of qualifications to teach

. 5501190121 or 11111 thout the authority or cement of fine County
Board 0f Education. .

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A. H. JOKES-(fl, SUPERIEETEIEJEXET OF ;
SCIiGILJI-LS DP JQHEI’EStifi‘E COUitf'l‘Y, KY . , Rifiiilf-‘DEEEEET
The reegondent, A. H. Johnson, demure to the f
,,x'
charges herein filed against him and for oeuoeeasaignaso g
I Firgt: To paragraph number 1 thereof because _’
‘ the Same does not state facts Sufficient to constitute ‘
or support a charge against the respondent herein. ':
' Socgngx To paragraph numbo; 2 thereof because i
the game dose not state facts sufficient to constitute ,
or support a charge against the reeyondent herein.
Tgigd: To paragraph number 3 thereof. because
‘ the:nme does not etotefoots sufficient to constitute or V
' oupyort a chargezagainet the respondent herein.
. Fourth: To paragraph number 4 thereof. because
e the same does not at to facts sufficient to constitute E
or support a ohergeaageinet the res ondent herein. x
PAGE ~1-

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- 51111330111; charge 1111111213111: the ma. 101121131113 herein.

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The res ondant, A. a. Jafingon, Superintendent
‘ Qf‘achoals of Johnson Caunty, Kentucky. says t&et it i8
,' untrue amd he deniea that the camylaifiants. Aaron fiovrev
anfi Jahn Castle. or either 0f them, are membcra of the
Johasen County Board of fiducations hfi danies that while .
in affice 0r while in excyoiaing his powars and fluties
of saia uffice as Superintendent of fichoals 0f Johnaan
‘ Caunty. Kentucky, he has been guilty within the year
last yaat of misconduct in office or incomyetency or
willful neglect of duties; he denies that he illegally
' or withsut authcrity or knemledge 0f the Johnson County
- Board 0? fiducation he felonioualy altered at changed the
minutaa er records 0? said Boarfi of Aducmtian relative
to the building of a two roam school buildings=t 011
Springs. Kentucky. or that said alleged change shown that .
.1-

 ‘ said building was to be four rooms instead of two as alle—
' V gsd to have been srdered by the Beard; respondent denies
' that he illegally or withmzt autaerity or Ed‘zm'glcdgge of said
‘ a Board of Education felcnisusly or ethermise or at all altered
'. or changed the reeerd of said Beard showing the adaptimn
of a by-law ts the afiect that the fiuperiatendemt of Sehoels ‘
“ shall be elected between January 1st., and July ist., before
theaaid imperiatendent is to take office on July int. he
. admits thrt said hynlaw shows that said electien is to take
place between April lst., and July 1st.. but he denies that
said by-law was altered er changed by the res cndent after
its adoption by the heard of mducation of Johnaen County, v»
dj Kentucky. Respeafisnt denies thrt he illegally ordered or ’
v-I caused to he built a twe story sehscl building at Oil Springs _
a mitheut the scueeat of the State Department of Sducation or
' I in Violation of the law or which building had to he tern v
,5 damn am that all of which cost the taxpayers a large ameunt ,
y‘ sf money. Respondent denies that he unlawfully or at all _
‘ entered into a contract with the Jenkins Motor Company or ;
-' other person for the fiflfflhfl86 of two school buses. or that
thegaaid Jenkins Meter Company agreed to pay hum. or that 5
tv is agreed to accept from them the sum of Two hundred (9200.00)
Boilers. er any part thereof or other sum or amount to be
paid him personally for the purpose of or which would induce
I. him to make said purchase. Beepondsnt denies that h0(11‘. .
on divers or any occasion, employ teachers in the schools of Y‘
f -1~ ‘

 ' Johnson County who did not have certificates or qualificaa
' tions to teachsaid schools or without the authority or con:
7' seat of the County Board of Education.
PARAGRKDH hUhBhR 2. For further response to para.
graph number 1 of said charges the respondent says that at .
,‘V the August 1934 meeting of'the Johnson County Board of '
.‘ Education the construction of additional school facilities
‘ . at Gil hprings was determined to be necessary and such con~
-. struction was ordered by the Board of Education of Johnson .
County, Kentucky that the Board stasgid meeting“ after divers mamboro of the J:hnson County Board of Education ~ .
determined that two rooms would be insufficient to accomodota
" the students of oaid school and directed the ithorintorniom; n
I”_ ,fl§flfigfiflfiaflfigfi o four room building and based thereon the ‘
Y;~ roopondent changed the word "two" to the word ”tour“ relative
1" to the number of rooms in:oid building in the minutes of
:- said August meeting, and thafi thereafter and on the December '
‘ ‘ 5rd., 1954. meeting of said Board the following minutes were
‘ made, page 19. Section 62~
UV' "Tho Board without the recommendation of the
Superintendent unamgously decided to finish
three rooms at Oil ”pringo of the four rooms
decided upon at the August meeting."
and that thereafter and at me January 7th., 1935, meeting of ‘
} said Board of Education. Page 22, Section 2, it is provided:
‘ "The menting was called to order by the Choriman
_m« and the minutes of the previouo meeting1read and y
15 approved."
~3- .

 The respondent says thet‘thezaid Board having detennined the
necessity of the construction of a four room building at 011 ,
V Springs and having acquiesced therein and having unemiouely ‘
V approved such construction is now estopped to complain
e against the respondent herein for his acts in Constructing '
eaid school building or for changing the record ae to such V‘
‘ school building authorized to be Constructed.
1 V yoeaoeepfi HUMBAR 5. For further response to Para- E
t graph finmber 2 of said chergee the=reepondent eeye that it
Ly is made his duty by law to prepare and present for ejproval '
of the Board of Education by-lawa, rules and regulations 2
V for the government of said Board and that in pursuance to '2
” eueh duty imyoeed upon him by law he prepared a set of by- ,- 
:V' leee, rules and regulations which were submitted by him to ‘ t
the Johnson County Board of Education; that as originally ,
v drafted by him and as typewritten said by~lawe, rulee and :
‘._ regulations provided that the Superintendent of Schools should ‘
‘_ be elected between January let., and July let.. beforesnid "
‘. Superintendent was to take office on July let; but that when
said bywlawe. rules and regulations were presented for the ‘5
:”‘ approval of the Johnson County Board of Education each para-
* graph thereof was read and discussed in open meeting and it t'
“. was then the opinion of each member of the Board of Education '“
I of Johnson County. Kentucky that under the Statutes the Vt
‘ Superintendent could not be elected prior to April let., and if
that said by~lawe as prepared by this resyondent was dis- .
If“ approved and he was directed by the entire member of the _
1 -4-

 Johnson County Board of Education to change the word ”January”
' to the word “Aoril” so as to provide for the election ofsnid
- fingeristendent between Ayril lot., and July lot.. of the year
beforozoid Superintendent ohould assume office on July loto
_ That pursuant to such direction he changed said byolaw with
} pen and ink and that aftorzaid by—law was so Changed and
altered it was thoreupon aggroved by the unamiouo vote of
each member of the Johnson County Board of fiduootion; that by
i reason of the acts of the said Board as herein act out they
x are new estOpped to charge that said by-lawo were altered or t?
' changed by the roogondont herein.
HARAGRAJE Homolx 4. For foothor res onse to Para- 1‘
. graph Humber 5 of said charges roopondeflt says that after the my
Board of fiducmtion of Johooon County Lad autkorized and 930* f: '
viéed for the const action of said school building at 011 '
A. ”pringo he, in oomyany with Frank Armoa. a member of the
. Johnson County Board of Education and J. G. McAnelly went to _
Fraokfort to the office of the Superintendent of Public ‘
Instruction for tho gorgeoo of Securing plans for said 011 ',
Springs school building and other build ngo from 3. w. l
" Bracket, Director of School Buildings and Grounds of the
. State Department of Education; that at said time and upon
said 060 sion he was advised by thosoid J. W. Breaker that
ho had no plans for such proposed buildings and that he was
_ so buoily engaged in connection with the administration of
, the Freo Toxt Book Law that no plans at that'dmo could be
furnished and wuthorizad and directed this reapondont to .
2* -5.

 1i go ahead with such buildings but to watch the lighting of ‘
(I tfie roams very carefully; thut th¢reupon reegondent promeeded
with We construction of said. 0:11 “pringgs echool building
 . and without-being informed by the St te fieyartment of
:9 Education or by 3. w. Breaker, Director of School buildings .
...; and grounds that a tweeter}? frame building would 110*: be ‘ '
’ aperoved by the Department, acting upon the basis that the “
F} cmnstructien cf said building ae a two story building would
V be mere economical to the taxpayers of Johnson County, con~ .
‘ structed said building a5 a two:3tery:.uilding; that there~ ,
_' after and at a leterday the mid Director of {3011001 Buildings
andémounds diaeppreved said building andzrecommended that v
', the second atory thereof be removed and the additional necee- .
:‘ sexy roams be constructed as wings awe that following ezdh ' '
‘ recommendation then given by eaid Director the second etory
‘ of the buidding was removed. the first story covered with' _
I roof and the material which had been used for the second *
1 story was used in so far as it weuld go in the construction
I of wings t0 the ground floor 0f eaid Oil Springs school '
- ' bui m Lit-1g.
:1 PARAGRAPH HUMBER 5. For further reeyonee to Earagraph
". Number 4, of said charges the reepondent says that at the time
_ it was determined by the Board of Education to yurchese school
_ buses acquired by it, sealed bids were received therefor from
i the dealers in or about Johnson County, Kentucky selling Ford
‘ care, Chevrolet cars and ether makes of care and that when S}
.' "6. r

 . said. bids were opened by the Jehrxmn Cennty 3.30am} of generation
,: it was fauna that the bid. of the 81311? er Jeni-(inn new Caz-.zpnny '
”was the lowest and been bid and. tint mid bid was accepted by
tie Jenna on flaunt}? Heard ei" .i::dncntzien an: net the recegsendcnt .
made no 1*sea-estiendizsstien as “be either cf said. “side Rich were
received 123,621: Board as; ta which bid enculd be deemed the
cmztrect 2:0 said tee ”canes. , ,
‘i’zi gaining}: ('3. I‘er further 1‘1: $357 case to 'V
‘ Inrzz mph Number 5 cf Ennis. charges main resondent regs that
said charges in mid paragraph attempted tc be eat cat are no
Vegas and indefinite that he is unable to rflflyfil’t’i thereto. 3
' I further than to st and allege that at no time r33. thin his
knowledge did he employ any teacher on any QCCiT‘SiGn when he .
' was not authorized tn. ezzipley master the laws of.“ the fit te of _ ’
maternity or the rules. by-nlawe and regulaticne of." the State ‘
' Boer-d of fiducafi on. 1"his recpomient further says am he V,
has pending; motion 1):) make definite and certain the names of
the scanners referred to and upon such emerges “tantra: made '
" definite am certain by inserting: the mamas cf such. teachers
1::.i‘crr'araeaid respondent. renames the right to fizrtlzezc respond “to
said paragraph after it is made morcdefinitc and certain.
1‘.‘}t;}%‘;:.:3?o'i«: , having; fully responded reagent-lent preys *-
nut mist charges and each :31" them be dismissed and held for
naught . '
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-8-

 BEFORE fHE SUPEEINXHEDEwT OF PUELIC EHSTRUCEION V
STiTE OF KENIUCKX
Aaron Hooro _ .
I. C. Preston
John Castle MEflBERS OF THE JQHNSDN CSUETY
' BOAED OF EDUCiZEON COLPLAZEANTS
C“ 7.5} 17W.“ 7‘
. V p GHQ; (JEJD/JGM V‘_ W
A . H, Johnoon, Z? C¥3¢€42naiif
Supcrinicndcnt of Schoolg of >4 fl}? \ N ERT
. Johnson County ,/ [j (£30 D '
/// W\ W a,’
The complainants, Aarog:fiooro, John Cactlc and J. C.
Prcaton, members of aha Johnson County Board of Education, coma
and fiio this, their complaint and charge against the resoonficnt,
A . H. Johnson, Superintcmdcot of Schools of Johnson County
and charge that he, as such Succrintcndcnt of Schools while in
office cud in cxcrcioing his comers and duties of said office,
nos been guilty within the year last past of mis~conduct in -
office, incompetency and willful neglect of duty, in that;

1. He iiiegaiiy, without authority or Knoclocgc
of the Johnson County Board of Edouation and ¥eloniously,
altercd and changed the minutes and occordc of said Board of
Education relative to the builaing of a two-room school building
at Oil Springs, Kentucky, said change showing that said buiiding
was-to be four rooms inatead of two as oroercd by the Board.

' 2. That cc illegally, without authority or
knowlcogo of said Board of Education, feloniously alteccd and
changed the rccocd of tax said Board snowing the adoption of ,
a by—law to the effect that the Superintcoocnt of Schools shall
be elected between January 1 and July 1 before said Superintend-
ent is to take office on July 1, so that said byniaw as aitored
and changed'by said respondent shows that said election is to
take place between April 1 ca& July 1 before said Superintendent
takes office on July 1.

. 3. That he illegally ordercd and caused to be
built a two—story school building at Oil Springs without the ‘
oonccnt of the State Department of EouCction and in violation
of the low and which building had to be torn down, all of which
cost the tax payers a largo amount of money.

4. That he unlawiuily entered into a contract with
the Jenkins Motor Company for the purchase of two school basocs,
the said Jenkins Motor Company agreeing to pay him and he agreeing
to accept the sum of $200.00 to be paid hi; personally for the
purpose of and which did induce him to make said purchase.

_ 5. That he did on divers occasions employ teachers
in the ocoools of Johnson County who did not have certificates of
qualifiCation to teach said schools and without the authority or
consent of the County Board of Education.

The respondent, A. H. Johnson, will hereby take notice
that on June 10, 1935, the complainants herein will file with the
Superintendent of Public Instruction in his office at Frankfort)

. Kentucky, said charges and will request said Superintendent of

 page 35
?ubiic Infitruciibn to invafitigate Jame and t0 racommend to the
preper autkcrinias his Sigmiss&l fivam affice and t0 revake his
'uulificaticn cartifiuate to Lola gaid office of Superinfiendegt cf
Schools 9f Jahngfim County, Kentucky and as to all 6? vhich he
will take éua nmtxceu
Witnega gar hanfla iuia $333 3, 1955.
“fig /gW
Vx‘

 FRANK ARMS w AARON MOORE. chum.” , I I ; =~I » [-‘r‘ ..INOCAE'II'I * 4

on. SPRINGS. KY. FLAT GAP. KY. ' , > V ' A NEWLY”? W :5:

Mose R.“ Elnlmann (llmmtg firhnnlz ' . " _J. c. PRESTON ,1;

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@ Ohver Jenkms motor Co.
, ‘5” RED AND CHEVROLET
SALES AND SERVICE
fiaintznille, 7&1.
June 3, 1955 ”
1, Howard Jenkins , Manager of the Oliver Jenkins Motor
Companyof Paintsville, Kentucky do hereby state that A.H.
Johnson County School Supertinendent has received no ‘
monetary considerationfor the two Chevrolet School fiBueses '
. purchased by the Johnson Board of Education.
- A bid of $.‘L4o4.00 for each bues- was placed with the
Johnson County board of Education and ‘ayment was made in
full to Oliver Jenkins Motor Company by the said Board of “ducatin.
Signed theis 3rd day of A pril 1935.
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[243% f/% C%%- 42 / 7’ c7? :2?

 COMMONWEALTH OF KENTUCKY ? -
fiwartmwt 11f Etuwtmn --. .-
FRANKFORT
November 15. 193M
Superintendent Alfred Johnson '
Johnson County Schools
Paintsville. Kentuclq .
1)ear Mr. Johnson: .
Mr. Meriwether and I enjoyed our short visit with you and Messrs. Arms, Castle
and Moore of your board of education in Johnson County last Friday. I am sorry
that we misunderstood each other relative to the approval of the plans for the 2
extension of the school buildings in your county at Meade Memorial, Little Mud 3
Lick, Bill Rice's school and Oil Springs. It certainly was not my intention _ »
to give you blanket approval of construction of school buildings in your county
without submitting plans. I merely meant for you to go ahead with the extension
of the Mud Lick school, the Bill Rice school and possibly one or two small schools
a where increased enrollments had greatly overcrowded the existing buildings. -
As a result of Mr. Meriwether and my inspection, I wish to point out the follow-
ing facts concerning the conditions at Meade Memorial: ' , ,
1. All classroom doors should swing outward into the corridor rather inward into I
the classrooms. '
- 2. The top of the windows should be placed Just as near the ceiling as safety
of construction will permit. The best lighting to a classroom comes from
the top and the higher the windows are placed the better the classroom will
be lighted.
3. There should be no offsets in the corridor where children may be jammed
in the event of a panic.
1}. All flues should consist of a double row of‘ brick or else should be lined
with an approved type of flue lining.
5. The classrooms are rather small. A standard classroom will approximate
21 feet in width and 30 feet in length.
It is not our intention to disapprove of the Meade Memorial school but are
merely pointing out these facts for observance in any future plans. The addi-
ti on to the Meade Memorial schbol was made in the only manner in which it could
have been done satisfactorily.
We found the school building at Oil Springs to be a four-room two-story frame
structure. It has been the consistent policy of this Department to reject
all two-story frame structures and consequently we recommend to you and your
board of education that the top story of this building be torn off and that
if additional classrooms are needed that these rooms be furnished one on each
wing to the front of the present building. I consider the two-story frame
addition. to the Oil Springs building to be entirely unsatisfactory and unsafe to

 Supt. Johnson - 2 - 11/15/31l
house a group of boys and girls. You and your board of education acted wisely
when you instructed the foreman of the relief labor to remove the second story
from this addition. Mr. Meriwether obtained the necessary dimensions and will :
prepare blue prints for you showing how additional classrooms nay ‘be added at the
front of the building. He is working upon these drawings now and will furnish
them to you within the near future. As you. stated,the construction of these ‘
rooms on the first floor will involve some additional expenditure for materials
and supervision. I spoke to Mr. Peterson, Director of Financed]: this Depart-
ment, and he made a note of same for his information later on in checking over
‘ - ymlr hid-get.
We shall also furnish you with three copies of blue prints for a. frame gymasium.
These prints will be forwarded with the blue prints for Oil Springs addition.
I suspect that the plans for the gymnasium will require some slight modification
to conform to the different sites in your county where you expect to use them.
We shall be glad to have you criticize the plans and will make the necessary
changes in them and furnish you with sufficient copies of the modified plans -
for your use when you are ready to construct the buildings.
In conclusion I wish to thank you and your board of education for your cooperation
in this matter. I shall be glad to furnish you with blue prints and specifications
for any school building projects in your county of not more than four teachers in
size, if you will give me as much as three or four weeks' notice. This service
is free to all county boards of education and, of course, will obviate the expense
of hiring some one to do this work; furthermore, it will eliminate the necessity
of submitting plans and specifications to this office for exafination and approval.
Very truly yours. ..
,/ o . Brooker, Director
chool Buildizgs and Grounds
JWB:CK

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