The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1897-09-15

Morning in Order to Allow Defendants
Time to Prepare Apswer-Board Of
Education Met Last Night.
The political skull-duggery that found
birth in the heads of some ratified brain
FL Populist5 was the principal topic OF
Conversation among the parents Of the
school children yesterday. The censure
given 10 the lawyers in the case and 10
Billy-club Reeder for the high handed
means of throwing the best schools on
earth out Of running order just 10 help
the agrandizement Of a few Populists
wh0 for the sake of a. little notoriety and
the possible favor Of the high Sniffen
D0dger al Topeka. Il was generally de-
plored on all sides and few, a very
few, Populists thought that it was en-
tirely uncalled for, as all sensible people
did who really have the interest Of the
young al heart.
The bail opened yesterday morning in
the district court with Ipey Campbell as
leader OF de gang" Of educational
lights. To prove, as the Eagle said on
Tuesday morning, thai il was a purely
political piece of work in the hope that
it could be turned 70 use al this falls
campaign l. P. Campbell moved in court
that the schools be allowed TO use the
books now in use pending the decision
of the court. Some few of the Pop poll
ticianS saw what a hornets nest they
had stirred up among the people and
they put the screws onto the attorneys.
Their move had been a boomerang and
was rapidly coming back TO strike the
instigators. They were dumbfounded
and could hardly understand how the
gigantic scheme that they had conceiv-
ed 20 bring victory 10 their party had
been so reactionary.
The text book committee appointed by
theschool board 70 employ counsel TO de-
fend them from the outrage perpetrated
met yesterday and secured the services
Of Mr.. J. V Daugherty. The committee
through their attorney asked that the
case be continued until this morning 50
that they would have time 10 prepare an
answer 10 the plaintiffs petition. Judge
Dale granted this request and the case
will come up for a hearing this morning
a: O'Clock and will be knocked higher
than a kite.
The attorneys for Reeder, using the
average quota OF brains that an ordinary
Pop is endowed with, proceeded 10 step
on themselves in the first round by TAX
ing the prorogative Of the county or
STATE attorney as the following from the
Tenth Kansas will show:
John c. Bobpett and others VS.. state
ex rel, Dresher. Mandamus will not lie
at the instance Of a private citizen 10
compel the performance Of a purely pub
lie duty. Such a suit must be brought in
the name Of the state, and the county at
t0rney and the attorney general are the
officers authorized 10 use the name Of
the state in legal proceedings TO enforce
the performance of public duties Where
q private citizen sues out a mandamus
ne must show an interest specific and
peculiar in himself. and not one that he
shares with the community in general"
When the above decision was rendered
Judge Kingman was chief justice and
Judges Valentine and Brewer were as
sociates.
The school board met last night with
every member present excepting Mr..
Anawalt. Mr.. Higginson. The chairman
Of the text book committee, told about
employing Mr.. Daugherty, and said that
Mr. Daugherty would be present az the
meeting. Some prOmisciOus conversation
was INDUCED in awaiting the appear
ence Of Mr.. Daugherty. Mr.. GehrinS
asked about advertising for coal. No
action was taken. Mr. Dunn moved that
the board go into executive session, but
got no second.
Mr. Daugherty was then called for and
he said: II have examined into the case
as thoroughly as il is possible in the
short space OF time that I have had and
there is no doubt in my mind that The
court will dismiss the proceedings insti-
tujed by Re5der. l do not believe the
case will come up for consideration
Mr. Hatton then took the floor and
said that he had some doubts abOu,
Reeder having the right TO bring the
suit Mr.. Sim said that he understood
that II the writ was sustained that they
could not get the state books in any
specified time. certainly not unde: |
thirty days. Mr.. Sim made a motion |
that Mr.. Daugherty be employed at a |
sum 70 defend the board. |
This motion was made necessary from I
the fact that Mr.. Daugherty will ask !
that the proceedings be quashed. Be |
cause he has found that the plaintiff at
tOrneys have not properly presented the !
case Had they taken the case 10 the /
attorney as il should have been /
done the case would have had 10 come |
10 for a hearing and Mr.. Daugherty
would not have had the opportunity 10 !
ask to have the case thrown ont on a
Should they conclude - |
bring the case up through the county /
attorney then Mr.. Daugherty Will be
employed.
Mr.. Rat;on said that he had positive
assurance :hat all the books could be had
Il the mandamus Was sustained.
Mr.. Tucker said that Judge Dale told /
the committee in coUrt yesterday that if
he case wac not settled This week that il
would be two months before he could
hear il.
Mr.. Howard moved as a substitute 70
Mr.. Sims motion that al ,ecanicali;ies
be waived and the case be tried on its
merits. Mr.. Sim objected 20 a SubS;i-
TUE 10 his motion. Mr.. Howard then
made il as 4 motion with he consent y
Mr.. Sim ana il was loS;. Messrs. How
ard. Hatton and Gehring voting for i.
NJ. Tucker vctei against the motion
With al the Republican members.
Mr.. Daugherty then said tia; he didn't
want his hands tied by any resolution.
He wanted % knock the wind OUT q
The other fellows on The first round and
keep knocking i ont of them. He
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