The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-11-18
BROKE NO CONTRACT
WITH M'CLOSKEY
That Is the Contcntiln OF the Board Of
Control.
PRESIDENT MITcnELL'S ANSWER
Affidavit Of Defense in the Damage
Case Brought by tho Dcpnscd Pro.
fessor Of Mathematics, Filed Yes.
terdav..What the Board Proposes

President George Mitchell, acting for
the board Of control. yesterday, through
the districts solicitor. Hon. Ii. \.
Knapp. filed with Prothonotary Pryor
an answer to the declaration OF Profess
sor A. l.. McCloskey in the damage suit
which he has instituted against the
school district.
When the board was selecting
faculty for the high school, Professor
McCloskey applied for and was ap-
pointed to the position of professor of
mathematics. At the succeeding meet
ing the board reconsidered its action
and deposed Professor McCloskey. APP
pointing Professor Frank Littell in his
stead Professor McCloskey, Disregard
ing the reconsideration of his appoint
ment, notified the board that he was
prepared to fulfill the position to which
he had been elected, and uron being
refused an assignment, he brought suit
to recover one years salary. which he
said had been fixed at $1,000.
Mr.. Mitchell in his affidavit of defense
AYERS that he believes the plaintiff has
not stated any facts which would en-
title him to recover any sum whatever;
that there was no contract Of hire, ver-
bal or otherwise, between Professor
McCloskey and the board; that the
board had no knowledge of the plain
tiff having made application to the SUI
perintendent for a position and further
even though he had. it would not be in
any way binding upon the board, as
the Superintendent has no authority to
receive or act upon applications for po-
sitions or to employ persons as school
teachers.
STATEMENT OF DEFENSE
The defendant GOES on to deny that
Jarv .,f IlIly
or at any other time the board of con-
troll of the Scranton School district
elected plaintiff to position on the
faculty of the Scranton High School
at salary of QNe thousand dollars per
school year, or at any speclhc rate
whatever. 1t is. however, acknowledged
that at the meeting of the board OF
control, held on the evening of July IL.
1896, the plaintiff was selected as one
of the teachers of the said scranton
High School. but the action then taken
did not go so far as to fix or determine
in any way the amount of salary which
should be paid, nor was any person
authorized or directed to notify the
plaintiff of such selection, nor as a mat
ter of fact did any person having auth
ority to do so notify the plaintiff OF such
action of the school board. and at the
next meeting of the board, to wit: on
July 81, 1896, the action of July IL. 1896,
selecting the plaintiff as one OF the
teachers of the high school was recon-
sidered and rescinded.
The plaintiff never accepted or signi-
fled his willingness to the board of con-
troll to accept the position; never en-
tered into any contract whatever with
the board of control or anybody duly
authorized to make such contract, and
is not now and has never been under
any contract relations with the defend
ant whatever
The defendant has no knowledge that
Professor McClOskey was notified by
the superintendent of the boards ac-
tion on July 13, but AYERS that II such
notification was given it was without
authority, as such authority is alone
vested in the board of control.
NOT RESPONSIBLE.
The contention of the plaintiff that
the board caused a report of it's action
of July 13 to be published in the daily
press, according to its established GUS
tom," was branded as erroneous, the
board being in no way responsible for
the reports which the newspapers see
fit to make of the controllers actions.
In this relation, the defendant called
attention to the fact that the rescind-
ing of his appointment was given as
much publicity as the appointment it
self.
1t is further denied that Professor
McClaskey reported for duty at the
opening of the high school and was
refused permission to act by Principal
Phillips; and it is affirmed that the
plaintiff never reported for duty nor
performed any duty whatever for the
district. A general denial is made of
the contention that the board broke any
contract for hiring with Professor Nc
Closkey or that he has been injured in
any sum in any way by the board of
control.
The affidavit was sworn to by George
Newhill before H. A. Knapp, notary