The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1895-04-12
FRIDAY, APRIL IL, 1895.
THE POOR DISTRICT STEWARD.
OPINION OF THE COURT.

OPINION OF THE COURT.
In Re Petition and rule to show cause
why mandamus shall not issue to
induct Peter A. Kline into the Of |
flee of Steward of the Bloom Poor
District ETC., Peter A. Kline, rela.
tor, and J. M. Larish, O. T. vii
son and A. c. Hidlay, respondents.
In the Court of Common Pleas of
Columbia County. No May Term
1895.
The petition is in the nature of a
bill in equity asking that peremptory
writ of mandamus issue against the
Directors of the Poor of Bloom Poor
district to enfoice the rights of the
relator, or, in other words, to compel
a performance of duty on the part of
the respondents
The relator alleges, in his petition,
that he was duly and legally chosen
by the respondents on the 9TH day of
March 1895, to be Steward of the
Poor District of Bloom, and that both
parties entered into an agreement in
writing pursuant thereto and that the
said Stewardship was to commence on
the Ist day of April 1895. That at
the time Of filing his said petition, to
wit March 23d 1895, he bad gone to
great expense, trouble and inconven-
fence, preparatory to entering upon
and into the said office. That not.
withstanding the premises at special
meeting secretly and irregularly called,
and had, on the 10Th day of March
1895 two of the said Poor Directors
o. T. Wilson and J. M. Larish, pre-
tended, in secret, to revoke the said
unanimous appointment and to abro-
gate the signed and sealed agreement
made with the petitioner. That they
declared the office vacant and elected
one c. H. Lee to fill the same and
admitted him into the possession of
said Office. That he, the relator, is
ready and desirous to take upon him
self the duties of the said Office of
Steward to which he was elected and
is entitled. The prayer of the peti
toner is for rule to show cause, etc.
Same day rule issued to show cause
why the right and title to the Office oi
Steward of the Bloom Poor District
shall not be quieted and settled and
the petitioner, Peter A. Kline, be in
Quoted into and permitted to hold and
exercise the said Office according to
the terms of his appointment.
To this petition and rule o. r.
Wilson and ]. NJ. Larish, on March
goth 1895, demurred and made
answer.
Demurred. Ist Because there is
no vacancy in said office
ed. Because the bill is uncertain
and insufficient in law.
Answered to the charges contained
in the bill.
Ist. That the appointment wa
not legal but obtained by the frauo
and wrongful acts of the relator.
ed. That the written agreemen
is not binding on Poor Directors, O.
Poor District.
sd. That there is no vacancy il
said Stewardship, that the action O
the board of directors, at their meelin.
of March 10Th 1895, in revoking th
wrongful appointment of the relator
was warranted and lawful and regula
in appointing e. H. Lee and in in
ducting him into the office of sal,
Stewardship.
4th That damages to the relate
cannot be considered in the presen
proceeding.
We must decide the case upon ne
tition, demurre and answer and ar
not, therefore, called upon, or require
to decide all Of the numerous que!
tions mentioned
All matters charged in the petitio
by the relator and denied by the re.
pondents must be proved by the rela
tor, or they are not established, c
made out. All, or any, new matte
set up In the aeswer by the responc
ents, in avoidance, and denied bv tn
relator, must be proved by the re,
pondents. Hence consideratio
OF the questions raised by the demur
er and matters charged in the petition
admitted, denied and hot proved wi
decide this case. Under the demur
er it is argued by counsel for the re
pondents that the bill must be dismis
ed for want ofproper parties, respon,
ents. That now, in April 1905, tt
old Board of Poor Directors havir
gone out of Office on the 31st
March, 1895, only one member of IL
former board remaining, is not suf
cient to warrant further preceedin
against the new board, or poor d
trict.
The Bloom Poor District is a mur
cipallty, represented by board
directors consisting of three in numb