Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1874-10-21

~ s'' ''h'HNI'ii VI NVNs btHi'f
remarks, DR., Wilson introduced Rev.
Mr.. Butler, who proceeded eloqucntly
and very appropriately TO address the
children, alter conclusion Of which
the hcncliction was pronounced, and
audience dispersed. highly elated.
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HIIiNTU or SCJfOOL TI.lES.
Ia hel ltssmsa Fisn. Of coiamIia oS~ay
The iorust Mounlaia Coal anl Iron cous ,any
] Ma curAn and others. School Directors. md
Martin Purcell, Collector Of taxes Of cvnyng-
ham township school district.
Is Eocrs Motion for preliminary Tnjanc
tion.
In II proceeding by bill Ia Equity to restrain
tho collection OF fchool taxes. the court will not
inquire into the validity Of the appointment Of
the collector, he having given bond with snrstiss
srproved as required 6y law.
The act Of May 8, 1884. did not establish a
hxed rate Of taxation for rcLool purposes. II
merely provided a standard, hy which the MAXI
nra rate could be ascer,ainei At the time tbs tax
" levied to wit the amount OF both State and
county taxes, authorized by Law.
The sst Of 20. Feb. 1859. exempdng real es.
taio from the three mill tax for State purposes,
opsfsted a. rsias,,oa Of l'to amount on that
lew Of ,b,r,s,u iii, on ,rs, ra'p s,s,s /. h,,s
mills In excess Of what tho law allows. The col.
irelion l Of such eSe''' may he re''r"insd by In
'''F"
p '"s''S"' s'""'s ~
The plaintiff bill alleges that Mar
tim Purcell being one Of the school
directors of Conyngham township, was
appointed collector of the school taxes,
and also. that the school directors OF
that district have levied y tax oi tmr.
teen mills on the dollar Of the eadjastci
valuation OF Their real estate which
the deienlanislare proceeding to col.
iect' u u claimed 'hat Martin fnrcell
was improperly appointed collector and
that the tax above ten mills on a dollar
Is Illegal. u appears by the answer
OF the defendants, that Martin Purcell,
being one OF the school directors, was
duly elected treasurer Of the board, and
that no person Offering to take the
oiiice OF collector, he was appointed
thereto, and gave bonds approved as
required hy law Tor the due perform
ance oi Tue duties OF the respective
Offices. The piaintlif now moves for a
preliminary injunction to restrain the
collection ol any part oil SAID tax by
Martin furcell as collector ana to pre-.
vent the coi'ection oil three mills, part
oi said TAX ny the hand oi any person
Inc hrst ground upon which the
injunction - asked Is untenabie. The
coileclor Is at all events an oihccr d
Jd6o, inc vahdlty OF whose appoint
ment can not be inquired INTO IN this
co'ia'erai proceeding ANA II II could
we would not put iorth the strong arm
oil the law 20 stay the collection OF
schooi taxes, unless we were satisfied
that irreparaoie loss would DC sustained
py the TAX payers and the district un'
less we did, No,h'ng OF the KIND Is
aiiegsu' anu ior 'hat reason alone, We
wouiu refuse tue ihluhcuoh 10 restrain
the collection o. the tax generally, In
another case, NO, ~, sent Term, 1914,
qav "dffoHto Against Mar'm furcel'
70 SNOW " what authority ne exercises
'he nn''es oi 'he once OF collector oi
schoo, taxes OF cohyhghain school dls.
trict, IN an opinion Jast filed, we held,
Tor reasons gwen that he was duly
appointed 10 the ONCE ana gave Juug-