The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-05-21
FORT WAYNE SHOWS FIt HIT
The Trustees Temporarily Enjoin the
Payment of the Apportionment.
They Claim the County Superintendent Has
Misrepresenied the Enumerstion-Pin-
nell Taken Back to Terre Haute.
ROW OVER ENUMERATION.

Fort wsyne's school Trustees Want In
Junction Against Superintendent Worries.
Late yesterday afternoon Oliver p. Nor
gan, Andrew L. Hoffman and Mr. Moritz.
school trustees for the city of Fort Wayne.
fled suit, In Room / of the Superior Court.
10 restrain Hervey ID. Worries. State Super
lLtendent of Public Instruction. from max
ing the apportlonment of school funds for
bhe city of Fort Wayne alleging that the
enumeration upon which he Is intending to
make the apportionment is incorrect.
The complaint alleges that the plant
ifs are required by law. and did, between
March and May ]. 1888. make the enumera-
ton of school children in conformity with
the requirements of the statutes. the az
greaate of which. including persons trans
ferred from other townships. towns and
cities. is 14.7s2; that a proper report
of the enumeration was made and
fled with the county superinrend-
ent before May ], with the affi-
davits OF tine school trustees Endorsed upon
Ii. affirming that it was q full and correct
enumeration. and did not contain the
names of persons not of school age. The
complaint alleges that 1t then De-
came his duty to report the same
rs reported to him. TO the State SuperIn-
teDdent before May 10 ana TO tle auditor
Of Allen county before June 1. but instead
Flsvlus j. Young. the county suDeriDtend-
ent. reported TO the State Su perrin tendent q
pretended enumeration made by himself.
In which the aggregate nuDbe of persons
Of school age IS given at II 400. being 1897
less than the actual number as reported by
the school trustees. and that the county
superintendent has assumed the right To
substitute bis enumeration for that made
by the school trustees. and has certified his
OWN enumeration to the State Superintend-
snt rs being the correct and only true
and proper one. The plaintiffs allege that
Worries is about to make the apportionment
Of school revenues upon the basis of the
enumeration certified to by the county su-
Derintendent. thereby deprivIng the people
Of Fort Wayne of the benefit of the correct
enumeration. and declines TO act upou
that of the school trustees. claiming
that be can only acS upon
the enumeration certified to him
by the county superintendent, and
that, unless restrained by an order of court.
he Will make the apportionment not later
than Monday next, giving to the people OF
Fort Wayne credit IN the spportionment
Tor only the smaller mum Der. IN Which case
the people of Fort Wayne will be without
remedy. The complaint alleges that suit
has been begun. and is now pending in the
Allen County Court, against County Super
tntendeDt Young, TO compel him TO accept
and certify the enumeration of the achool
trustees TO sne State Superintendent. and
that this suit will determine which Of the
enuEeratlons is correct. They ask that
q TEN Dorary restraining order be issued
restraining the State Superin tendent from
making Inc superintendent until the result
Of the litigetI at Fort Wayne Is learned.
and that he be then Derpetually enJoined
from making the appor tionment upon the
enumeration of the county superintendent.
Judge Winters was found at his Office
and the complaint presented TO him. A
temporary restraining order was issued
and put In the hands of the sheriff to serve
upon the State Superintendent restraining
bim from making the aop0rtioDmenc The
was set for hearing at O'Clock
Tuesday morning.