, 1876-11-03
THE NORMAL SCHOOL.
Arguments for and Against Grant
ing an Injunction.
Judge Williams Will Give q Deoision
After tho Election.

Judge Williams Will Give Deoision
After tho Election.
Tls hearing Of tic arguments for and against
the Issuing u an injunction to resfrasn y. 8.
Wentworth and tho teachers appointed by tho
County Commissioners from conducting the
Normal School occupied tho attention Ut Judge
Williams all Of yesterday. The application. ~
will bu remembered, il made by four members
Of the Cnunty boarl Of Education, opporcnts
Of Mr. Wcntwortl,. There were about twenty
peoplc present nlI day. Judge LAWRENCE, y. L.
shorcs, nn,1 George Campbell represented the
co,1plainants, a,r1 John ". llountrec ond Sidney
Smith tho respondents.
stR. aHonrf
opened tf,c argument fnr tho conptanantA, say
fng that the rccord showed m unparalleled case
Of ob,t1naey on the TART of thu respondents.
Mr. Wentworth, lad bccn presented to tho
Hoanf Of Education sevcn SUCCESSIVE times, nr,l
w1t rejected BY members w!n had per-
feet right to reject him. Their aettnA showed
that they were iu no degree liasty. Even Il not
giving a rcason fur voting against lin, they
showci that they wero willing to vNtc for
parsons who lsuI tie highest educational qualt-
ileatfous. Counsel had made statements tuo-
ge*ting to The Cnurt obstnacy on tic part Of tic
rnmplatnant*. This, he said, WIS untrue, anil
tho record dIsprorc'l it-they had cast nat r.
single vote for aay ctncator except one Of tl'c
highest reputation. Ilr. tilet discussed the
purely une Of po*cr,. and perllaps Of j'IrtsAIe-
tur. Src. Is Ut tho Revised Statutes, t,aEu :api
contained the t,,ly clause NJ Il general nntssre
that could have at'y hearing upon Thy p"wcr III
rnant of tounty affairs, 7sexccpt "a otherwise
ei,eellrni1y prpvfslcl,n twas d curious c!rclln-
stasct. that 40 Important an actann % the cleg-
tisn of teachers iy. the County ycoG',n!,s'onsrs-
public schools IN this county--ahou1d harc i'cca
tnkcn without having secured legal opinion on
tiic subject. Tie authorities ou the question Of
owtr wc1e al %nu wnysat pnwer nns. he
the proposition TINT where there was general
legislation upon question Of powcr, arid therc
was spssly spe:ial LEGISLATION M 1 going to "
sams stn!celnattcr e tpssls n sp,ssal
elansc Ut general power. That WAS too plain.
lse claimed tllat there was nj specific gsans of
power to the County Commissioners to net In
tn. ony A. ths s M ny H IT, n
and IN slo rnse wnull that implication arise II
thc authority to do the specific act under cnn-
sldcratio'l was granted In express tcsmA, anct
mt BY Implication, to another board. III sec-
1G1, 1'nEc !'S:t, Of t1r Revised Statutes, County
Boards uf Supervisors were authorized to cstub-
]ish County Normal School, and 10 appropriate
mofleYs therefor. Tint had been done, and the
County Board had never claimed to t1aye, under
| rrcss1y granted. NC. f04 vested the manage
ment Of the school In tho Board Of Education,
| nn'l Sec. 1G' provlaetl that the 1oarl slonA
have the power to 'hire teachers, nuke ant en-
torcc rules" etc. There WIS nothing else in
The statutes giving power BY Implication to hnr.
holly. The power being expressly conferred
ugon the Board Of Education, md not upon any
nthcr 3oar.i, TINT powor In the,n wns exclusive.
| There 1rHurfI III flIp nf film
proposition To baAc MI argument up'N.
II the County Commissioners liatl no right TO
elect the tcaclcrs, tue i;sxt question wils, Ind
nearcd IN twu charnetcrs,-as members Of tic
| Boarl Of Edncatton, whose rights Ind bvcn H.
valcd, md as taxpayers. Perhaps. ,strirtly
| speaking, the only ground upon which they
could hare sure footing III court was that tiny
thorIttes On the pntnt, hut there was M cotllict
OF authorities In this State. II 30. that would
he an end of the controversy, 80 far MS the Court
the Inv, thc injunction ought to DO Issued. mid
Issued OF, the ground NJ public poLry a. well az
Of !uw. 1t was of thu utmost Importance that
NIL the Doarls that had control u the public
sfs s"fesrra iron ,p tea s by sss' tsw The %et
they very suffered to grasp oil the power that
they could DO permitted to enjoy, without re-.
|
20 snu 70 tlio public eaainisies that mfstt nap.
pen. 40 anansef n Us greaRSr, R espesaa,y y
community iks this, ~liese hoa!,'s coltr2!!ca
s1lcli enormous sums u money; Than 10 ai1w
1aeM 10 licgaiiy appropriate ths puoe 1uhMs.
Ihcfe was no necessity Ior ftfetehlhS aatnoEsty
t1 sustain tte school II would M not uc r!esc!i:
INC eolhrlalilahts nan necn ana wore reauy ~
votc Tor persons 81 Inc highest aeerce o. quail
9 anu s"ma e. ,n II ;y ay wS
All Affidavit setting forth that M!. Lane bud not
pcS sSaSa s ,or fset asg y ,at %ess Mr opc , con
sentea exntessay ~ aseeh. u e'ce'ea' anu as-
oaSirs a sun II LII Iii hs ,ii':n's H. won, vot f,r
ay G r To & "s aa Y ta rt nSS,n 10 adrn
thSy ~oul,i @ Sute iof i1 !tit1l; ,. .,,,a,
M, MF; Lsw!s oas t. ol thG WENTWORTH 'neh' stated
that ne "oaiu xote iof Lane. ,,,o
NJ. Cannpbell wanted TO nu4ohfn.
Mr. Smith m desired tho mutton ioE an sn1uns
tl9t, 70 pe EltnnsaSn: 81.
Mr' Campbell would not do II.
,,.,M1E., ~. nouk1REE; ~.
replied on 9eGal1 Y the rsapol,'ehts. iie gaFe
history u thc Normal school af91n It's invrr,.
t'ois, SAYING that tao gfouha was aohasoI WY