The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-11-26

The very much complicated Winton
borough school board muddle had an
airing before Judge Archibald ycster-
day. The hearing was in the shape OF
case slated under quo warranto pro-
ceedings brought by the McAndrew
board against the Barrett board.
The McAndrew board has as its MEM
bership James L. McAndrew, B. j.
Cummings, J. ii. Schuerr. John Ward
and Eugene Taylor. The Barrett board
is compoScd of John H. Barrett, Will
liam Judge, John Il. Donnelly and
Harry Fletcher. Both are presuming
to do the business of the school dis
trict and as Il consequence there is no
end of bother in Winton. Owing to the
difficulty the schools were kept closed
until the second week in October, when
the McAndrcW board succeeded in or
ganiZing a corps of teachers and get
ting the schools started.
The trouble is that there are ten men
acting as school controllers, when there
should be only nine. This disputed place
IS the one contended for by Harry
Fletcher and Eugene Taylor, of the
First ward. Each went into the organ
i2ation of the board, claiming he was
rightly entitled to the place. The Nc
Andrew faction cspCused the cause of
lay anu tHe lDtiIcll
Fletcher. AS there was deadlock
four to four-there was nothing to do
but disrupt, and disrupt they did. Rival
boards We're set up, each effected a sep
arate organization and each proceeded
to transact business, claiming to have
a duly constituted majority-five out
of nine.
CAUSE OF THE TROUBLE.
The Taylor Fletcher msunderstand-
ing grows out of the fact that the
nomination papers were filed before
court divided their ward, the First.
While the decree of court fixed the
term of election as three years, Mr..
Fletcher. who ran on the citizens
ticket, neglected to nave his nomna- :
tion papers changed so as to conform
with the order of court. and as a re-
suit he was nominated for two years,
and so voted for, the county commits
siOns printing his name on the ballots
with the words ''fOr two years" fol-
lowing 1t. ii having been certified to
them in this manner.
Just here the trouble came. Fletcher
defeated Taylor by two votes. Taylor.
however. was nominated for three years
and ON the ballot the words for three
years" followed his name. He, there
lore, cOntciltu tilat ne was elected as
he was the only candidate for the office,
as there was no such office as Control
Ter for two years to which Fletcher
aspired.
Now the McAndrcw people bring ac-
tion to compel the Barrett people to
show cause why they continue to Nct
as the school board. Hon. II. V. Pow
derby and City Solicitor James II. Tor
rey represent the McAndrew board, or
the REALTORS, as they are titled in the
proceedings, md Hon. Charles +.
O'Mallcy is attorney for the Barrett
board, called the respondents. They
agreed upon the facts of the case and
yesterday argued from their different
standpoints before Judge Archibald in
chambers.
BARRETT BOARDS CONTENTION.
The respondents contend that the
Barrett board was legally organized
inasmuch as they have IL certificate of
Fletchcr's election from the inspector
and OverSccr of election, and further
more their organization was effected
by a majority of the huld-oyer men,
EerS.
The McAndrew boards attorneys
held that this certificate Fletcher pre-
sented was not conclusive evidence of
his election. and that their man, Tay-
Tor. being the only man elected for
three years uhe only vacancy occur
ing) he is rightfullv entitled to repre-
sent the ward and the board which
adopted him as the only legally organ
lied board.