The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1891-10-16

Arguments were heard by the court
last week Wednesday evening in the
Centralia School Board case, and on
Thursday morning Judge keller filed
an opinion removing the directors and
appointing others in their stead, as
will be seen by reference to the "Court
Proceedings" in this paper. The new
board has elected teachers, and the
schools are all in operation. The
opinion is printed in full below:
OPINION.
The petition is signed by more than
the required number of taxable citi-
zens of the district according to the
Act of Assembly Of May s, 1854.
The complaint sets forth, That the
Board of School Directors had agreed
by resolution passed the so,h day Of
July, 1897, to open the schools on the
SIst day Of August last"
That although the time is passed
for the opening Of said schools, the
said board Of school directors have fail
ed, neglected and refused to employ a
sufficient number of teachers for the
said public schools and do still fail, re
fuse and neglect to employ sufficient
number of teachers for said public
schools, etc, etc
The evidence shows conclusively
that the schools OF the district are not
in operation SO far as the means of the
district will admit, and at every hear
ing in the case, we have publicly eX-
pressed our regret that the directors
could not agree upon the selection and
appointment of the requisite number
of teachers to so operate the schools,
and we also at such hearings urged
upon the counsel engaged in the case,
the necessity of its speedy determina-
ton.
The minutes Of the Board show that
Mr. Heffner, the principal, or local
superintendent of the schools was
elected by reclamation, bnt do not
show who, or which ones Of the direc-
tors, nor how many gave such express
sion of assent. All other teachers
were voted for and, so far as any
choice or selections were made it was
done by secret ballot. Hence we hold
all to have been illegally appointed.
The recording, or entering, OF the
names of the members of the Board
voting both in the affirmative and
negative, is of substance and must be
strictly complied with and unless this
appears upon the minutes of the
board as of the meeting when the vot-
ing took place, the action OF the
board in the appointment of teachers
must be declared nullity. This pro
vision OF the law is considered by the
courts to be wise and important one
and must be strictly complied with.
Directors cannot even correct such an
omission at subsequent meeting OF
the board nor can it be explained
away or made right by evidence other
than the record, or minutes of the
board at the meeting when and where
the voting occurred. See Barber VS..
Wilhelm ct. al. c. c. sI4, and Dy'
berry School District VS.. Mercer II5
Pa. St. 500, and Tobin VS.. Morgan 10
Pa. St. 220 is not in conflict with the
two first cases cited, nor the prlnc-
pie above ruled.
Some of the schools of the district
remain closed for want of agreement
between the directors upon the selec-
ton of teachers for such schools, and
the authority of right Of those teachers
who are operating such schools as are
open is denied by three members of
the Board of Directors.
On the question of appointment of
some teachers necessary for the sue
cessful operation Of the schools and
the mode Of appointment of the whole,
there is difference of opinion
among the directors which has up to
the present time resulted in "dead
lock" in their proceedings and an utter
failure to solve the difficulty according
to law. Three of the directors voting
one way and three the other, on those
questions always resulting in a tie
vote.
Ample time has been given for them
to come to an agreement and frequent
efforts have been made by them to do
SO, all resulting in failure. While We
do not impugn the motives of either,
but are convinced that they have wholly
failed to keep the public schools in OPP
Grafton so far as the means OF the Dis
trict will admit We deem it incumbent
upon us, under the Act Of Assembly OF
1854 and the rulings Of the courts in
like cases, to declare their seats vacant