New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-04-30
THE SCHOOL BOARD QUESTION
The Old Board Enjoined

Gou.t for he parish Of Orleans. State of LOUIS
lana:
The petition of Michael Hahn. Augustus
Shelley. G. Harris Fayerweather: ;:,, Wlils4m n
Mead, Chris. c. Packard, Fabius Nick:
Dunn, Eugene Staes, John L: Tissot and
Warner Van Norden, all residents OF the
city of New Orleans, and Of the Board OF
School Directors of the Public Schools III
the city of New Orleans, composed OF tne
several persons hereinabove named ana OF
which board the aforesaid Michael HAM IS
President, and herein appearing 10 thaI Ca
pacity, respectfully represent.
That, under and by virtue OF an act OF the
State of Louisiana, entitled " an act to reg.
ulate public education in the state OF Lonl-
sana and city of New Orleans, and to raise
a revenue for that purpose" approved
March 16, 1870, your petitioners have oeen
duly appointed and constituted Board OF
School Directors for public schools IN the
city OF New Orleans that your petitioner:
Michael Hahn, has been duly chosen and
selected as the president of said board; and
that all of your petitioners have so complied
with all the requisites and provisions OF the
act of the Legislature hereinabove referred
to, end of the laws of Louisiana, IN such
cases made and provided, as to entltle them
to be recognized by your Honor as the
Board OF School Directors for Public Schools
in the city of New Orleans, and the SAID
Hahn, as President thereof.
Further, they show that they have duy
and legally entered upon the performance OF
their duties, but find themselves lnterfered
in the enjoyment of theGights and privileges
appertaining thereuntO. by Edward Bermu'
dez, Walter H. Rogers, George Cronan,
Anthony Sambola, John B. Leete. John A.
Watkins, T. F. ThinemanD, John 81. Pope,
Charles W. Culbertson, John Zehender.
Charles J. Leeds, John S. Atkins, Charles
Bruf, Thomas O'Neil. Joseph Santini: Jules
Louis Prados, W. C. Raymond. F. Schu--
masker, G. Correjoles. Robert Huyghe. and
Isaac n. Phillips, all being residents OF the
said city of New Orleans, and their Christian
names being set forth go far as known to
your petitioners.
That the several defendants aforesaid, IN
thus interfering with the functions, prlvI-
leges and duties which your petitioners have
the right to enjoy and possess, under AMI oy
virtue of the act aforesaid, improperly and
unlaWfully claim and pretend to be. aud call
and hold themselves out rs directors OF pub
lie schools.
That William 0. Rogers and Eugene Des-
dunes have also interfered with your petit
TONERS in the exercise of their functions,
and in the enjoyment of the rights and priv
iieges appertainIDg thereunto; the former a
tending and Claiming to act as Superlntend-
ent OF the public schools, and the latter also
a resident 0f the same city, claiming to be
the secretary of the pretended board OF d.
recto-s, alleged to be composed of the afore-
said Bermudez and others hereinbetore
mentioned.
Further, your petitioners show that the
common schools of the State of Louisiana,
and the public schools of the city of New
Orleans are, by law, under the sole manage.
ment and control of the several persons and
boards set forth and provided for in the act
of the Legislature hereinabOve referred to;
that the lawful control and management OF
the public schools in the city of New Orleans
belong entirely to your petitioners; that to
your petitioners exclusively appertain all
power. and upon them solely rests all duty
in reference to such public schools; that
the functions of the said defendants as
directors, superintendent and secretary, If
such functions they did ever have and pos
sess, have termln 4ted, and by law, Deen
made to cease, and are without any legal
existence, force or effect; and that under
the laws of the State of Louisiana now in
fo-ce there is no such board of directors,
SUPERINTENDENT or secretary, as the said
defendants pretend to constitute and fill,
and no board or office in connection with
the public schools in the city OF New Or
leans to which they can set up any right
claim or legal pretension.
Further, your petitioners show that The
said defendants, without color or shadow OF
right IN law, are interfering with your petl-
TONERS in the exercise of their functions
and in the enjoyment of the rights and
privileges appertaining thereunto, as herein.
above set forth; that they threaten and are
unlawfuIly attempting to hold possession of
the schoolhouses belonging to and con-
nected with the public schools in the city
xg n,fa hat thn, r,rht nv
warrant in law, and without color or
shadow of right, they are endeavoring to
control the school funds of the public
schools, hereiIabove last referred to; that
they are improperly and unlawfully en-
deayoring and will, if not prohibited, pre-
vent teachers, porters and other persons
connected with such schools, from attending
to their duties and making their reports, as
required by the laws of the State and the
act of the Legislature; that they il!e-
gally hold. and threaten, and will continue,
unless prohibited, to keep possession OF the
archives, books, documents. furniture, appa-
ratus, appendages, and other property of
and connected with the public schools IN
the csty of New Orleans, and which are ne
cessary, and required to be taken into the
care, custody, charge and control of, and to
be used by, the Public School Board recog-
pized by law, in order to enable such board
to fulfill their functions, to enjoy the privil-
eges and to perform the duties appertaining
thereunto; and that the said defendants
otherwise threaten and contemplate to OBJ
struct your petitioners in the free exercise
and discharge of the privileges and duties
provided for in the aforesaid act OF the Leg
islature of the State of Louisiana.
Further, your petitioners show that the
said defendants have refused to recognize
the requirements of the act Of the Legisla-
ture aforesaid, and intend to, and will, pre-
vent the same from being carried into force
and effect; and for that purpose, and for
other purposes hereinabove particularly set
forth they will resort to vexatious and
litigious proceedings at law, and by a writ
of Injunction, or other judicial process will
seek to interfere with petitioners, and pre-
vent the carrying out of the requirements
and provisions OF the act of the Legislature
aforesaid.
That the professions of the said defend
ants, and all their acts and doings in the
premises, are without any warrant or sup
port in law or equity; that they are the acts
and doings of trespassers and wrongdoers;
and that IN order to prevent such trespasses
and improper acts, and to prevent the IRE.
parable injuries which your petitioners and
tle cause OF public education will sustain
thereby, and also to enable your petitioners
to perform the functions and to discharge
the duties required of them by law, writ OF
Injunction is necessary.
Wherefore your petitioners pray that
writ OF injunction may be issued in accord
apce with law; that therein and thereby the
said defendants and each and every one of
them may be enjoined and restrained from
interfering with your petitioners in the
exercise of their functions, and the enioy-
ment of their rights and privileges rs q
Board of School Directors in the CITY of New
Orleans, under the act OF the Legislature.
: entitled 'aC act to regulate public pdpcs.