Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1880-04-03
be called for next Thursday evening in the
common cOnnci1 chamhor

ot"Ieu IA'sI ne WAS SatlSueu tne BOARD had
made mistake in passing the resolution
and that by resembling it the warrant due
the district would be speedily issued by
DR.. Wickersham. He cited one or two
cases decided by the courts to show that a
mandamus would not be against DR..
Wickersham.
Mr.. Evans said he was the author of the
resolution to institute proceedings against
DIR. Wickersham. He had proposed the
measure only after DR.. Wickersham had
been repeatedly requested by the board to
perform a mandatory duty and issue his
warrant, and had as repeatedly refused to
do so.
A long debate ensued in which Messrs.
Brosius, Wilson, McComsey, Reimensny-
der, Erisman, and the president, argued in
favor of the board receding from it's posi-
tion and reconsidering it's action-the pur-
port of their argument being that the
board could not legally compel DIR.
Wickersham to issue his warrant for the
amount of state appropriation due the
Lancaster district, but that he uOuld issue
taken at the February meeting.
On the other hand, Messrs Eberly, Coch-
ran, Johnston, Slaymaker, J. l. Hartman,
Spurrier and Evans, spoke in favor of the
board adhering to it's former action The
determined stand taken by the board had
created public sentiment which had COM
PEELED DR.. Wickersham, as he had officially
confessed, to abandon his assumption that
he would not issue warrants until there was
money in the treasury to meet them, and
under public pressure thus created he had
issued the warrants for all the districts ex-
cept Lancaster; and it's warrant
was only withheld through petty
spite, in hope OF inducing the board
to yield to his whim. 1t was further ar
gued that it was well worth while to con-
tinue the contest, SO as to have it deter
mined by the courts whether a public Off
Ger entrusted with ministerial functions
may with impunity refuse to perform
these functions and yet be beyond the
reach of legal process. If this state of
affairs really exists, let it be SO declared
W olAO SOul 10, CAtto laws AAtsy US W
meet the case, and that public servants
may come to know that they are not the
peoples masters.
During the discussion, President Warfel
gave detailed statement of his action in
the matter, saying that at the instance of
had called on DR.. Wickersham, and asked
him if the warrant for Lancaster's apprO-
priation could not be issued and that
DR.. Wickersham had told him the
warrant would be issued in a
short time; that his clerks were
Lancaster would soon be reached. Mean
time the February action of the board was
taken DR.. Wickersham was threatened
with prosecution, and when President
Warfel again saw him, DR.. Wickersham
said that he had been much blamed, annoy
ed and worried by the matter of issuing
school warrants, and it would now perhaps
be best to have the issue decided by law.
The president said further that the board
was of course aware that DR.. Wickersham
had nothing to do with the paying of school
warrants ; that his only duty was to draw
them and the state treasurer was to pay
them. In this connection he stated that
he knew that the state treasurer through
base political motives, or for the purpose of
accommodating certain favorites, refused
or neglected to pay warrants long over due,
and was payin. others, out of :hcir regular
turn.
After further discussion the ques tiOn
was called on Mr. Brosius's motion to re-
consider the action of the board at its Feb
ruary meeting. The yeas and nays being
ordered, resulted as follows:
Yeas-Messrs. D. G.. Baker, Brosius,
Erisman. McComsey, Reimensnyder, Rich
ards, Wilson and Warfel, presidents.
Nays-Messrs. Cochran, Eberly, Eber-
man, Evans, Harris, j. 1. Hartman, john
ston, Marshall, McConomy, Rhoads,
Schmid, Schwebel, Smeych, Slaymaker,
Spurrier, Westhaeffer, Ysisley and C.
Zecher-1S.
So the motion to reconsider was lost.
Mr.. Wilson then moved that the board
of directors instruct the finance committee
to proceed forthwith to take legal action
against DR.. Wickersham to compel him to
issue his warrant for the state appropria-
tions due Lancaster school district.
Mr.. Johnston suggested that the board
at the February meeting had instructed
the finance committee to do So and that
no further action was necessary.
Mr.. ]. l. Hartman moved to amend Mr..
Wilson's motion by leaving the matter in
the hands of the finnace committee to act
at their discretion.
Mr.. Spurrier moved to further amend by
instructing the finance committee to en-
ploy counsel.
Mr.. Brosius spoke at length against the
resolution and the amendments. He said
the finance committee had had the matter
in charge ever since February; that they
had done nothing, did not propose to do
anything, and could not do anything. The
action Of the board was nugatory and it
should be rescinded.
Mr.. Evans, in behalf of the finance
committee, said that after the board had
directed them to proceed against DR..
Wickersham, they mad learned that the
school warrants were being issued, and
they thought it only right to delay action
and give DR.. Wickersham an opportunity
to do so. The committee never had any
thought of dropping the suit against DR..
Wickersham, and now that it was known
that he courted the contest rather than
issue the warrant, lie would be at once be
proceeded against. If he could not be