The Newtown bee., 1895-02-22

| ylctu bo its CuI&tItS pUWCIS uCi iSOushOSS1
 sleeplessness, liver and kidney com
 plaints and all urinary troubles are
 cured by it's use.
 have them come home to attend the meet
 ing but got some one else to do 90.
 No other witnesses were introduced.
 Without argument of counsel, the case
 was left in the hands of the court and
 how the judge viewed the case from the Ievidence, can be readily understood by a careful reading of the decision rendered,
 which THE BEE is able to give in full, through the courtesy of Mir Garfield.
 The decision is naturally highly gratify ing to Attorneys Beecher & Garfield,
 who have ably conducted the case for the Gray's Plain people.
 The decision of Judge Prentice was as follows: JUDGE PREETIcE's DECISION.
 | I am asked to issue this injunction. In answer to the prayer for 1t, two sugges- tions are made: First, that the district is not technically entitled to 1t upon legal grounds; and, second, that 1t appears I ought to exercise an equitable discretion In the present situation. I must confess that do not see the force of the latter suggestion as the condition is disclosed here in evidence. For the condition is this A girl was hired by a retiring dis trict committee to teach that school for the year subsequent to the expiration Of the retiring district tcommitteemsn's term, and that girl was the mans own daugh- ter. It was contract that think never ought to have been made. Any man would 80 say, with due regard to the pro- prieties of the situation, being made be- tween man and daughter. The district subsequently, attempted to rescind that hiring and to say that that girl should not teach that school. take it the dis trict had the right to say she should not teach the school. Now the school visi- tors have stepped in-whether lawfully or otherwise we will consider by and by; and the result is that girl is employed in teaching that school who has been ex- pressly discharged by the district, thus expressing their wish that she should not teach there, and who was originally em- ployed by her own father for term sub sequent to the expiration of that fathers term, and who is keeping school which is attended by only two scholars, ,her own sisters; all of the other scholars of the district being practically deprived, in fact deprived, of public schooling. or at least, not given public schooling by her, but attend school elsewhere. Now 1t does not strike me that that is status which appeals very strongly to the equitable side of my nature; and do not see how I am accomplishing so great good that ought to go out of my way in accom- plishing it in keeping girl teaching school who has been expressly discharg- ed by the district, and who is only teach ing two scholars, and those her own sis- uers. It seems to me that that aspect of the case is not very strong one; and it strikes me that the prayer of the plain tiff must be granted or denied upon the legal aspect of the case. Now it is very plain, of course, that the school visitors had no right to take charge of that school excepting in certain condition prescrib- ed by statute; and the only real question Is whether that condition existed or did not exist. If 1t did not exist, the action of the school visitors Is wrong. It is un- doubtedly true that for two months after the usual opening of the school year this school house was closed. There was condition then. That condition is con- templated by the statute in one sense. There was no school in that schoolhouse. But tho question, the real question, goes further back than that, as to whose fault 1t was. For conceive that, if the fault for that condition was the school visitors themselves, of course they ycould not take | advantage of their fault and thus take charge of the school. must confess that chat that situation, and the fact that that school was closed for two months, is due much more to the action of the school visitors than the action of the district committee; and cannot but believe that, if the school visitors had not become un duly partisan and attempted to some de- gree to take sides in the controversy with the district, the condition would never have existed which was disclosed there for those two months. I think that Is very apparent. It certainly has impress ed me beyond question that that is the condition. In other words, think that
 the condition which the school visitors
 used as reason, as 8 condition for their taking charge of the school was one which existed by their own fault. There
 fore think that, in the meaning of the
 law, there was no neglect on the part of
 the school or the school district authori-
 ties in keeping open school there; and shall therefore grant this injunction.
 shall not do it today. What propose
 to do Is this : Whenever counsel for the teacher has been employed who is pre-
 sumably competent and ready to be pre-
 scented for examination, I shall issue ths injunction. do not ask counsel to wal until she is presented for examination. do not care to close the school until thers
 is immediate prospect that there will b.
 another one to take it's place. But whel
 the school district committeeman eatis fies me that | teacher has been employed 1, by him and is ready for examination, ,wh. Is presumably competent, ahall issu, 2 the injunction.
 , METHODIST CHURCH INTERESTS.