The New York herald., 1871-09-03
EDUCATIONAL EXECUTE.
The School War in Wesfchcsfer County-A
Writ Of PeremptOry iunndsm mus Issued BY
.lnduc Tannan.

The School War in WesfcLcsfer COunty-A
Writ Of Perenptory ,land. mus Issued BY
Judge Tappan.
short time since was published the opinion and
decision OF State superintendent Weaver deterrnin.
ing in favor Of the Board OF Education IA district
No. l. West Farms, or which John Is. Haskin Is the
President, and against the Camp Herring faction.
They refused TO surrender the property eects OF
That district and compelled the legal Board TO nsti-
tuie proceedings TO compel by mandaInus. Tne
matter was argued on Wednesday,. before Judge
Abraham Il. Tappcn OF the Supreme Court, AT
BROOKLYN and he has rendered the following opinion
and decision, which ought TO be final. In the mat
ter
SUPREME CoURT la ne Matte, ofthe A,T'fouon Raoa
4 1a. ton ams Wh.s rs Hya NJ csi' anil o-rs. Special
TArrrS J-2rpcation for msudanus to com 1pel ,bc de-
Of rne Dnde cs sSI S. .ao SS
relation to schos ard school districts in the ,on Of Hor m
risania aud West arms It is public and not private
Eucaon wsoe members are TO be CHOSEN by inc
% voters o. ,hs dte ana .ee schools ~ ac district
neueys rascd taxation within the district. Tie
On The % Of May is6i four days after the w=s
aud cons5da,e tbe genera acts relating ,o pnbe ns,uc
ton" and under 's law superintendent OF raDo
Firuction general over respect TO- ALI
the schools Of the officers thereof
ssr ieved eases mentioned the fsht Of appeal
sss G hs n n Tso Is sgpred to Ard de-
cision shall be final and conclusive and
s section of The ie %1thsos cost. ,ra ana as s
person who Shall go into Court wnsh might
have been the subject OF appeal 10 tue Superintendent
The denial Of costs was intended to 1scouss prosccu
tons OF school officers and cncpuragc tie
ing OF oil disputes relating to the admins OF the
a~ r 3 sse a, ara
repealed, and the respect school
district In question: and MI questions asng under
creating are subject TO this general act passed subsequent
ly thereto.
The authority Department Public Ins rtctio to
Wy tne ate 20 Once 40 psween wS erion e,ahns to ne
IN the People Collins, "a Howard 336 the reasoning
therein has my Hcluesence.
Jhe question the disposition of the books
papers and properly belonging ami apperaiung the
district Is presented upon application by persons
Board OF Eauca;ion 70 compel the parties against whom
such decision made ana their surrender
persons encd 10 an olce are also entitled to Whatever
pertains To the ocr In this the
district goes INTO the custody OF the
the proper school officers. 1t would be proper
that, being entitled % the Office the
ing the duties OF TIE oce should be whhcl rom them
Ihc public good cannot thus be promoted 70 perform
the functions Of the occ the hilin. Ia the
munments aud property oil the And rein
utility ana proprey OF The writ of mandamu. otherwise
properly IN ohlcc IN iul possession OF poN tbs
schools, and other persons declared
De IN omcc retaining possession of the property That occ
without authority 10 use OF control Il.
relea that The uc 10 the cDce carries with the right
TO a thing necessary or appertanne that office Aud
holding the Superintendent dcc Ia
force IS the duty Of the Cou give eject thereto by any
aud every auxiliary writ and precept
writ niand.mus colapelns delivery Of books and
papers is tho regular and logical sequence OF tue deeIon
touching title the once. and tc question IN us pubic
aspect aud the cause Of education s,hno ne prosd eus
this cannot perceive that any private rhis Will be
violated By this course.
and et tbe thereto
tho Ain day September, at Brooklyn, before me.