The herald., 1895-06-12
II IS ADVERSE TO SEARCH
An Opinion From the City
Attorney
THE PAPER FILED MONDAY
Search's Election Alleged to Have
Been Illegal
HE WAS NOT THEN A CITIZEN
School Superntendency May Tomorrow
Be Declared Vacant
A Similar Opinion Is Received From The
Attorney General
Every One Interviewed Refused to Discuss
the Matter, but the Facts Are Herewith
School Superintendency May Tomorrow
Be Declared Vacant
A Similar Opinion Is Received From The
Attorney General
Every One interviewed Refused to Discuss
the Matter, but the Facts Are Herewith
Given Just the Same

Unless the plans which are at present
under way m scarry, an attempt will be
made tomorrow night to boldly lift Su-
perintendent P. w. Search OF the school
department out OF Office. His resignation
is not to be asked. He will in fact not
be permitted to quietly step down and
out, we're he so inclined. The board of
education has determ ined to discharge
the SUPERINTENDENT with hurrah ana
flourish of trumpets, beside which the
yells of victorious football eleven is
scarcely an ordinarily spoken whisper.
The board has called a specially adjourned
m Getting for the purpose, when Professor
Search S subordinates, or such OF them
as will care to itness the performance,
can see the coming educational spectacle
in full free OF charge.
The mai ority OF the board have been
aiming to get rid of the present superin-
tendent for some time. For reasons with
which the general public are partially
familiar. Professor Search is not liked by
a large mum Der OF the present board, and
how to dispense with his services has
kept Director Grubb and some others OF
his colleagues awake OF nights ever since
they have been IN office. The first
sCnelle WIS tut stN6Ial lIlOIildl st1-
sions behind closed doors, to which the
general public, through The Herald, took
such decided exceptions that it had to be
abandoned. Instead. however, OF driv
ing the board to fight in the open, it
only made the superintendent enemies
all the more determined. Director Grub
has for several weeks been trying to Sc
cure from the city attorney an opinion as
to whether or not the present superin-
tendent. not having at the time OF his
election been resident OF either the city
or the state, was legally entitled TO his
Office. 10 the legal proposition in this
query involved, the city attorney refused
to reply. unless the question was pro-
pounded in a written communication.
with him duly filed. Tie necessary doc
ument was so filed few days ago, and
in reply thereto the city attorney on
Monday forwarded to Secretary Dandy OF
the school board lengthy typewriter
opinion. in which he states unequivo-
cally and without reservation that under
the law of the state the superintendent
OF schools must at the time of hrs cleo
Iion have been in the state OF California
one year, in the county of Los Angeles
three months and in the city of Los An
geles for at least ninety days. This
opinion was written by the city attorney
and is dated June sth.
A Herald reporter having been in
formed, through the system of carrier
pigeons in use by this paper. that the
Dunn opinion had been filed, sought to
corroborate the tact through the city at
torney's office. Nj. Dunn has been ill
and confined to his bed with an attack of
rheumatism ever since his arrival home
from New York City. He was down
town for a.short time yesterday after
noon. but refused absolutely to either
deny or affirm that the opinion as stated
had been furnished by his office. Secre-
tary Dandy and several membe OF the
board of education who were questioned
also sought to evade Il reply to the several
questions propounded by the winged re-
porters.
Superintendent Search, him self, when
seen, was very mucn surprised when in
formed that the legal document had been
FLED, although he had prepared himself
for its possible contents sometime ago.
Professor Search about two weeks ago,
for the purpose of self-protection, wrote
to Superintendent of State Instruction
Black, asking that official to obtain for
him from the attorneys generals office an
official statement regarding his legal
right to his present position. This letter
superintendent Black turned over to At
torney-General Fitzgerald, who IN turn
submitted it to Judge Daily, his deputy,
for reply. Judge DAILY, after a careful
examination of the facts and u thorough
investigation into the Jaw. found as has
City Attorney William Dunn, that the
superintendent OF schools OF the city OF
Los Angeles must have a the time of his
selection for the position, been legal
resident of the state and of the city.
Superintendent Search now has, and for
several days has had Judge Daily s
opinion.
OF the present school board, Superin-
tenoent Search can safely depend upon
the support of Directors Garland and
Fulton. neither OF whom are aware OF
the existence OF the legal opinions adj
verse to the right of the superintendc { n
to hold office. Director Wills, were he in
the city, would also be found arranged
in the column of Search supporters.
Director Gru5b is in command of the
ant-Search forces. which is as yet
numerically an unknown quantity.
= The late Professor Frelsner was not, al
the time of his election as superintend-
ent, resident of the city. and Professor
Brown, during the whole OF his incum.
bency of the position, resided at Santa
Monica.
Should the attempt to remove Superln
tendent Search prove successful, Deputy
Superintendent j. A. Foshay will prob.
ably be selected to fill the vacancy th us
made.