The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-12-03

consultation as to what was the best
method to pursue a trio OF them APP
preached Father Brennan, l.. f. Long act
ing as spokesman. He advised the clergy
man that any attempt on his part to
march the children through the rear yard
and in that way reach the school would
be met with resistance and much I'M
pleasantness from the officers, and that it
would be best for al parties concerned to
send the children home and let the matter
be placed in the courts. But Father
Brennan insisted that the Board OF Health
was acting wrongly and without Authority;
that they had no more right 10 enter and
take possession of his school and grounds
thau they had to enter and take possession
of his private residence.
When some one offered the suggestion
that an in junction had better be taken out
to prevent the deputies causing further
trouble Father Brennan stated that he
had no patience with injunctions; they
were too slow for him. he felt that he
was right in the way he was acting,
and would not be dictated to by q score Of
deputies who had no business IN his private
grounds.
The inspectors then retired to the rear
yard AS they thought the clergyman
would attempt to bring the children into
a little house Immediately back of the
St. Francis School, a building that had
not ben occupied for a few years past.
Tney surrounded the little schoolhouse,
and awaited the coming of the pupils,
headed by Father Brennan. They had
not long to wait, for the clergy man soon
appeared with his scholars.
There was q dead silence as the clergy
man crossed the yard, but as he assembled
the steps of the schoolhouse Market In
spector Ben Davis said:
Rather RrpuDan Won and the child ron
will not be allowed to enter this school
house, II will enter" said the clergy
man. He had been followed by his sta
beman. who had tried to force the door,
but was unceremoniously elected by
stalwart deputy.
said Davis. 81 will send for the patrol
and have you driven down to the City
Prison"
"Go ahead, arrest me-" answered the
clergyman. and then he tore down a no.
tiee that had been tackled on the school
house, threw it to the ground and said:
How dare any man tack a notice of this
kind on my private property? There is
no case of diphtheria on these premises"
Inspector Davis then informed him that
his duty to the board would compel him
to replace the notice. 'Go ahead and re-
place it and / will paste blazing placard
under saying the above is lie."
The deputies then decided to allow
Father Brennan to enter the building, but
warned him that there would be serious
trouble if he attempted to bring in the
children.
He stepped about two feet irto the
schoolhouse and then turned and said, 81
will go for a policeman and with his aid
take my children into this schoolhotse. /
would like you to tell me if it is America
or Russia we are living in? Are we under
the autocratic rule OF the Gear or are we
in country where every man is entitled
to protect his own propertyr
BY this time Father Brennan was very
much wrought up and his Indignation
was plainly visible. After instructingthe
teachers to return with the children to
the church he retired to his residence. :
Father Brennan is not a man to be easily
downed, and In an interview yesterday he
remarked that he would win yet. He
takes great exception to the notices posted
conspicuousIy about his property warning
people that uiphtheria is raging about the
premises. One of the deputies remarked
incidentally he thought the board should
have notices to the effect that, owing to
the prevalence of diphtheria in that Sec
ton of the City, it was considered advisa-
Bile to close the schools and do away with
the diphtheria warning.
Father Brennan had been notified some
weeks ago by the Board of Health that
the closets in the yard of the st. Francis
School were not the kind specified by the
law, and that patent closets should replace
i'm mediately the stone vaults now in use.
He promised that during the two weeks
vacation at Christmas time he would at
tend to the matter, but the board consid-
cred that to delay meant much sickness
and probably death caused from diphthe-
ria germs emanating from the stone
vaults.
The Judiciary Committee of the Board
of Education net yesterday forenoon and
decided to enjoin the Board of Health
from further interference in the school
affairs. The law firm of Sullivan & Sulli-
van having been retained in the cases of
Director Henderson, Father Brennan and
Thomas Lowney, it was decided to employ
the same firm.
Ex-Judge Sullivan stated yesterday that
the Board of Health was clearly in the
wrong in arbitrarily declaring empty
schoolhouse to be infected with conta-
gious disease and posting guards at its
doors to prevent entrance.
acting under this presumption said
he, what is to prevent them from posting
their prohibiting notices on any public or
private building in this City and clearing
such building of its lnmates2 What pro-
lection has any man i'll his own house If
.the Board of Health may enter and turn
him out oft? The board bases its autho-
rity on section 1923 of the health and quar-
antine laws, where it reads that it is vested
with power to define, determine and adj
Judge what shall constitute nuisance and
a menace to public health; but is either
one of those schooInouses a public nni-
sance? II the School Directors are guilty
OF maintaining nuisance then they may
be proceeded against in the manner pro-
vided for, not by locking schoolhouse