Highlander Folk School et al. v. State ex rel. Sloan.
The purpose of this case was to get the charter revoked from Highlander Folk School. The main accusations that were brought against Highlander Folk School were that it was operated for the profit of Myles Horton at the expense of the individuals attending the institute. There were other charges brought against the school as well. The school was accused of promoting inappropriate relationships between backs and white as well as selling alcohol without a proper license.
The case was brought to the Tennessee Supreme Court by the Attorney General of the state of Tennessee A.F. Sloan on April 5, 1961. The State argued that the school was operated for the person gain of its operator and that the operator violated the State's criminal laws by selling beer and whiskey on the school's premises. The court affirmed the judgment, opining that the operation of the school for the personal gain of its operator was a misuse and abuse of the school's powers, was pervasive of the objects for which it was created, and was injurious to the public. The court reasoned that the school had no plan or standard for teaching and studies and that its work was carried out according to the day by day ideas of its operator. The court, after noting that the record was replete with testimony of the unlawful sale of beer and whiskey at this school, opined that the sale of beer by the operator on the school's premises without a permit and license, was a willful and intentional act that was in direct violation of the express provisions of the school's charter, was a violation of the criminal laws of the State of Tennessee, and was a violation of the State's nuisance statute. The court affirmed the judgment of the trial court and remanded the case for the appointment of a receiver. In the end Highlander Folk School had its charter revoked by the state.
The purpose of this case was to get the charter revoked from Highlander Folk School. The main accusations that were brought against Highlander Folk School were that it was operated for the profit of Myles Horton at the expense of the individuals attending the institute. There were other charges brought against the school as well. The school was accused of promoting inappropriate relationships between backs and white as well as selling alcohol without a proper license.
The case was brought to the Tennessee Supreme Court by the Attorney General of the state of Tennessee A.F. Sloan on April 5, 1961. The State argued that the school was operated for the person gain of its operator and that the operator violated the State's criminal laws by selling beer and whiskey on the school's premises. The court affirmed the judgment, opining that the operation of the school for the personal gain of its operator was a misuse and abuse of the school's powers, was pervasive of the objects for which it was created, and was injurious to the public. The court reasoned that the school had no plan or standard for teaching and studies and that its work was carried out according to the day by day ideas of its operator. The court, after noting that the record was replete with testimony of the unlawful sale of beer and whiskey at this school, opined that the sale of beer by the operator on the school's premises without a permit and license, was a willful and intentional act that was in direct violation of the express provisions of the school's charter, was a violation of the criminal laws of the State of Tennessee, and was a violation of the State's nuisance statute. The court affirmed the judgment of the trial court and remanded the case for the appointment of a receiver. In the end Highlander Folk School had its charter revoked by the state.
