The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-12-21

Judge Archibald, Saturday, in an eN-
haustiye opinion, decided against the
responder. in the long standing WIN
ton school board dispute. He decides
that Eugene Taylor and not Harry
Fletcher is entitled to the office OF coh-
troller from the First ward. and tha'
the officers of the Fletcher board, VIII
liam Judge. president: John f. bar
rett. secretary; and John f. Donneliy,
treasurer; were not legally elected. lie
also DEGREES that there has been no
legal organization of any board effect
ed. The costs of the case were put
on the respondents.
On February 6. 1896, court divided
Winton into three districts, which in
creased the membership of the school
board from six to nine controllers. AT
the time of the division four members
We're entitled to hold over and one of
the hOldovers was from the First
ward. This left two members to be
chosen from that ward. Court direct
ed that one of these members should
be elected for one year and one for
three years. The Republicans antici-
pated the order of court and
made nominations for one and three
years, respectively, Eugene Taylor be-
ing their choice for the long term.
The Citizens caucus took it that the
terms would be one and two yerS re-
spectively and nominated accordingly,
Harry Fletcher receiving the long term
nomination. The nominations We're
thus certified to the county commits
sioners and as no one detected the mis-
take made by the Citizens party, the
ballots were printed with Fletcher run
ming for a two year term as school
controller.
TT E,TCuER HAD NOPE vnTES
At the election held on the third
Tuesday in February, 1896, Fletcher re-
ceiVed two more votes than Taylor and
Fastening to the clerk of the courts
Office secured a certificate of election.
Taylor upon going to the clerk later
and explaining the condition of affairs
induced the clerk to modify his former
acion by issuing second certificate.
When the day for organization came
there We're ten men to fill nine offices
and a split occurred. Four members
wanted to seat Fletcher and four
espoused the cause of Taylor. Neither
side had majority and deadlock
resulted. After various warm at
tempts to come to Il settlement the
Fletcher faction, headed by John F..
Barrett, Withdrew and effected an or
ganiZatiOn for themselves. The re-
naming four took in Taylor and with
j. T. McAndrew as their leader. COM
menced doing business as the school
board of Winton borough.
Thus the thing continued all summer
and late into the fall and as a cOnse-
quence of the strife the schools of
Winton We're delayed nearly two
months in opening. Finally the Me-
Andrew board secured corps of
teachers and opened the schools and as
the fight had been taken to court, the
Barrett board made no particular ef-
fort to cause this step of their op-
ponents to be rescinded.
THE JUDGES OPINION.
The case was brought to court in
the form of case slated with the Me-
Andrew board as REALTORS and the Bar
rett board as respondents, City Solici-
tor James II. Torrey and Hon II. u.
Powderly representing the first party
and Hon. c. +. OMalley, the second.
The facts of the case We're not disputed
and the argument before Judge Arch
bald were therefore confined to the
equity of the cause.
In his opinion Judge Archibald holds
as indisputable that Fletcher was elect
ed for an office that did not exist, also
that there was no vaid organization
OF either board as no quorum of duly
qualified members effected an ogani-
ZatiOn.