The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-12-04
They Resist Attempts to
:. Reopen St. Francis
!. School.
Matt I Sullivan, Attorney for
Father Brennan. Threatens
a Legal Battle.
The Closed Public Schools Will Re.
open To-Day Under an Order
of Court.

The ten inspectors resumed their watch
In the ward of St. Francis School at
o'clock Yesterday m orning to restrain any
effort on the part of Father Brennan to
bring his pupils into the condemned
schoolhouse.
The clergyman and Matt 1. Sullivan, his
attorney, were on the scene at an early
hour. and for while II looked as thong h
they would enter into open hostilities with
the deputies.
An attempt was made by Father Bren-
nan, about half an hour before the usual
q time for school to open. to force about
thirty OF his pupils into the guarded build
ing, but they were met with the same re-
.sistance as the deputies offered the day be-
fore.
q: To the command of their pastor to
"Gome on, boys" the children endeavored
to push their way past the deputies, but
the latter commanded them to "Stand
back" and they obeyed.
Father Brennan retreated in silence,
while his attorney took the names of the
deputies and then the excitement sub
. sided for the day.
When the deputies released their watch
ON Wednesday evening Father Brennan
again tore down the diphtheria notices
that had been so conspicuous on the build
ing, and they have not since been re-
placed. School is still being held in the
old Mission Church.
Mr.. Sullivan, the attorney for Father
Brennan, said last evening that the action
of the deputies was without any authority
in law, but they had received and were
acting under the direction of their supe-
riors.
> They had no right to post the notice or
to interfere with the children. eff they
are not poor" then said he, 1--WE will max
them poor, for, if Father Brennan sance
TONS will bring suit against the depu-
ties for damages on account of their un--
called-for actions to the pastor and his
pupils.
There is absolutely no warrant in law
for excluding the children from either the
new or old school building or the church.
Every child that was excluded from
entering one of those places by possible
action of the inspectors has cause of ac-
ton for damages against the Board of
Health, including the Mayor, health
officer and inspectors.
Il consider the case of the st. Francis
School much more aggravated one than
that of the public schools. l propose to
make it interesting for those deputies in
the next twenty-four or fortY-eight hours,
and in fact every person involved in the
The three public schools that have been
closed by order of the Board of Health
will resume their classes this morning.
An order of court has been issued restrain
ing the deputies from interference, and if
they resist the order they will be in con-
tempt OF court.
The members of the Board of Educa-
ton, as plaintiffs, yesterday applied to
the Superior Court for an injunction to
restrain the Board of Health from inter
fering with the plaintiffs control of the
Everett Primary School, the Mission
Grammar School and the Marshall Pri-
mary School.
The court Judge Daingerfield), deem
my the plaintiffs entitled to the relief de-
SIRED, issued an order directing the mem
bers of the Board of Health to appear be-
fore the court on Friday, December IL,
and show cause WHY their agents and
deputies should not be enjoned from in
o terfering with the plaintiffs management
Sof the schools.
=, The court ordered further that in the
meantime and until the order to show
cause is determined the defendants, their
deputies and agents shall be restrained
from interfering.