The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-12-19

The night OF Director A. }. Wells TO sit
on the board az one OF the Judges in the
investigation OF charges against City
superintendent OF Schools Frank J. Bar
nard VIII he determined IN the superior
court OF King county. The hearing is ap-
pointed for January 3. aud until that date
the proceedings against Barnard VIII he
stayed.
The defense holds ira. Wells Is preju
diced against the superintendent and tina.
ne admitted before the investigation that
he intended to vote TO put Barnard ou.,
whether the preDonderance o. evidence
was for or against him. The scrvice OF
the writ of prohibition yesterday morning
o.; Wells was the natural sequel to the
events Of last Wednesday n.giit when At
:osney Steele challenged Wells in behalf
ef his client ard offered TO produce evil
deaee before the board TO prove thar Wells
was active in having the charges pre-
se.-ed. ard In pressing them. and that he
vas animated IE this by bitter personal
SnlGsosity. The board of education re-
fused TO allow the Introduction OF such
evidence. and also refused TO order that
Wells be sworn TO answer Barnard's inter
rogatories.
AZ the close of the sitting Friday after
noon an alternative writ OF prohibition
was issued by Judge 1T. s. Elliott. It is
aimed only at Wells, and specifically states
that there would be no objection On the
part OF the defense to "a continuation of the
inyestigatfon conducted by a full board,
minus Wells. The object of this move Is
very apparent. Without Wells there would
be bat four members on the board-Lamo.
t'lliherg, Van Houten and Brewer The
two last are known 10 be supporters OF
Barnard, and their votes would be check
on the other two. which would result In a
tie.
The text of portions of the writ is as
follows:
The state OF Washington. to the board
OF education. school district No ]. in King
dFnH Chiiherg. John Lamb. J. f. Brewer
ard H. &. Van Houten. as members of said
bard and directors OF said school district.
'swhereas. Frank ]. Barnard on Deem
Der 10. 1897, represented To our court that
he was and now Il the city superintendent
of schools for said district.
THAT On July /. 1897. he was employed by
the said defendants such superintendent
fer the term of three years from the last
mentioned date and that ever Eirce the
date Of his employment he has been and
now Is diEchafging the duties Of his office.
THAT on December Il citation was is
sued under the seal OF said directors. citing
him 10 appear before said board December
te. 1887. 20 show cause why he should not
be dismissed from the position of superin-
tendent. on charges preferred and filed
against him by one IL +. Titus.
And IL having been further represented
10 our court by tire said Frank J. Barnard
that he did appear before said board at the
time and place mentioned in said citatton
thar the hearing Of laid charges was then
continued until December Is 1897 and at
said last mentioned date. before said board
had heard any evidence or taken any ac-
iioa In said Investigation. he did protest
and object against the said A. ]. Wells sit
ting a. a member Of said board upon the
grounds and FOR the reasons following to-
vii; That the said A. ]. Wells prior 70
said charges being preferred had publicly
announced that he WAS in favor Of and
would vote for. the removal or said Frank
j. barnard from the said Office and after
sAld charges were preferred the said A. J
Neiis publicly announced that Barnard
was guilty Of the charges aud would be
removed from office, and that the said
Wells would vote for the removal Of Bar
nsFd from The Office that the said A J.
Wells had instiEated the pFeferr.ng OF the
t7E the same and that Wells would not.
eBa could not, fairly and impartially try
re charges. Aut had Dreludsed The said
IA nGfd and eau Gstariuincd that he was
gtfstS and nonla a. decide regardless Of
he evidence addafss ay6a the iityesflsa-
ton - SAID charges before said board .
TIC wi. reel seS Further :hst I. had been
ytrreseated - the e 9urt that the board az
education could legally proceed with the