The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1888-06-08
A MALICIOUS LIBEL.

other directors for failure to perform
a duty eujoined upon them by law, he
has exhibited his spleen on several 90
casions, and has attempted to create
public sentiment in his own favor by a
most outrageous use Of the columns OF
his newspaper. In an article printed
some weeks ago he made attacks on
everybody connected with the case, in
cluding the petitioners, the court, the
counsel, and some of the witnesses,
having the assurance OF his advisers
that the case would certainly be rever.
sed. Things have not turned out, and
are not at all likely to turn out az
Brown hoped and expected. As has
been stated before, the clear indica
tions at the time of the argument in the
Supreme Court were that the appeal
would be dismissed, and in that event
Mr.. Brown::and his colleagues will have
a large bill of costs to pay, as well as
their counsel fees. As he expected 70
win the case, and 30 have all the bills
incurred on his side paid out of the
treasury of the school district,i it is hard
dly to be wondered at that he should
become frantic with rage, and accuse
counsel employed against him OF soon
spiracy" because in the regular course
Of their professional calling they reoei-
We their pay from those by whom they
were employed. There was but one
conspiracy in this whole transaction,
and that was on the part OF the three
directors headed by Brown, who persis.
tently blocked the wheels Of the school
district because they could not make a
place for afavorite at their own figures.
That was the conspiracy that was de-
nounced by the community at the time,
and that was the conspiracy that was
uprooted by the court through the eff
orts of the counsel who are now sub
iected to an Infamous charge because
forsooth they dared to ask for the re-
moval of school board of which J. q.
Brown was q member.
The statement of facts as made by
Brown is incorrect in some instances
and maliciously false in others, for the
truth was easy to ascertain. He says
''the case then taken up to the Su.
preme Court was between the SIX pc
titioners and three of the directors. T"
Technically this is true as to the six
petitioners, but not as to three direct
ors. They had been ousted and were
no longer directors, for their places
had been filled by others, and the case
went to the Supreme Court on an ap-
peal by three persons to-wit, Brown,
laval and Hagenbuch, who wanted
to be reinstated as directors. The
Judgment of the court below was in
force until reversed by higher tribu-
nal, and this Mr.. Brown ascertained
when one Of his attorneys went to
Philadelphia at the time the appeal
was taken, and applied to the Supreme
Court to make special order retain
ing the old board in Office until the case
was decided finally, which was refused.
The persons appointed by the court
constituted the board of directors of
Bloom School District, from the time
of their appointment until the next
board goes in, and therefore those who
appealed could not be directors unless
reinstated. The case therefore be-
came one In which the district was in
terested, and the new board very prop
erly conceived it to be their duty not
to let the case go by default. As they
had been put in Office by the court it
was their duty to see that they were
not turned out simply by refusal and
neglect to take any action in the mat
ter. Had the board taken no action,
no one would have appeared in the
Supreme Court against the appeal and
it might have been sustained. And
that is where the shoe piuohes. In.
stead of resting supinely on their oars
and permitting the case to 60 by de-
fault, whereby all the costs and trou
BILE would have been for nothing, the
school board of Bloom District ap
pointed committee consisting of j
p. Tustin and G. A. Herring, to direct
counsel to 90 on with the case in thu
Supreme Court. This committee called
on Ikeler g. Herring and Geo E. FL
we'll, and authorized them 10 continue a
counsel in the case, to prepare the pa
per book, and 60 to Philadelphia ant
argue the case.
In pursuance of this action of the
school board the services were render
ed, the bill presented, and prompt!
paid.
1t is absolutely false so far as Geo
E. Elwell is concerned, that he volun
teered his services to anyone, or eve
said that he was ser, ing without re
muneration, and the assertion !
equally false as to Messrs. Ikeler AM
Zarr, as we are informed. On tn
contrary the counsel were solicited fo
a month before they would consent +
start proceedings, in the hope that tn
muddle then existing in the distric
might be amicably settled. 1t is absur'
to suppose that any one would be viii
ing to give his time aud services in
case like that, and go to Philadelphi
for a week and pay his own expenses
just tor glory. 1t is also untrue tha
any member of the board raised b
voice against the payment of the bill
When first presented it was laid Ov'
until the next meeting and then passe
unanimously. 1t is unnecessary to 4
into further details; we simply say th
any allegation of any agreement I
arrangement between any of the cou
sci, by which the district was to be d
frauded of single penny, is a. fal
as it is malicious.
| Mr.. Brown has permitted his pref
dices to get the better of his judgmeI
OF he certainly would not have be-
, guilty of using such inexcusable la
, guage. To charge such men as Re
J. p. Tustin, 9. w. Neal, r. II. Rim
ler, g. A. Herring, w. II. Snyder al
C. S. Furman with being conspirato
to rob the school district, "who we
willing to lend themselves as rea dy
struments to carry into effect such
Al Il L.