The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-03-16
EFFECT OF DECISION
ON SCHOOL BONDS
viii Make an Issue Of Fifty Thousand
Dollars Illegal.
AN APPEAL IS BEING PREPARED
If Supreme Court Decides to Fix
Special Date for Hearing 1t the
Local Court May Not Grant Formal
Writ Of Custer Pending the Decis.
ion of the Higher Court--Legaiity
of Borough Boards will Probably
soon BE Questioned.

David j. Reedy, attorney for the
board of control, is already at work
on the papers for an appeal to the
Supreme court from the decision of
Judge II. w. Archibald with reference
to the quo warranto proceedings
against the board of twenty-one direc-
tors. Mr.. Reedy does not say that
the Supreme court will refuse to sus-
tain Judge Archibald. he contents him
self by saying that they will have the
highest court in the state pass upon
the matter that the exact legal status
of the act under consideration may be
finally determined.
1t is not improbable that the Supreme
court may consent to fix special date
for hearing arguments on the appeal
in view of it's Importance. III spe-
cial date is not secured the case will
have to wait until February, 1899. the
time when the general run OF Lack
awanna county cases will be heard by
the states highest tribunal.
There is a well defined opinion that
the local court will not grant writ of
custer against the board Of twenty-one
If the Supreme court decides to hear
however, argument will not be heard
until a year hence the court may be
constrained to allow the writ of custer
upon proper application being made
for it.
One of the arguments presented by
Ex-Judge II. A. Knapp when the quo
warranto proceedings were under con-
sideration was that to set aside the
act of 1874 at this time would work
great hardship and injustice to per-
sons who had purchased bonds of the
Scranton school district because the
declaring illegal of the act of 1874
might make it necessary to go back
to the act which provided four school
districts for the territory now embraced
in the city of Scranton which would
wipe the Scranton school district out
of existence entirely.
EX-JUDGE KNAPP'S FORESIGHT.
1t is probable that eX-Judge Knapp's
foresight saved the city of Scranton
from finding itself in just such a pre-
dicament at this time. There is a
general state law making each city
school district, but when the act in
cooperating the city of Scranton was
passed by the legislature it contained
provision exempting it from the pro-
visions of this act and allowing the
school boards of Scranton, Hyde Park
borough, Providence borough and Prov
idence township to continue their sep
arate eXistences.
This arrangement continued until
the act of 1874 was passed, the one
which Judge Archibald on Monday de-
clared unconstitutional SO far as it
pertains to school districts. Then the
four districts were merged into one
without more ado and the Scranton
school district was created, and has
continued to manage the school affairs
Of the city up to this time.
After ex-Judge Knapp became solic-
itor of the board he saw the weakness
Of the act under which the district
was operating and fearing that some
such decision as that Of Monday would
throw the school affairs of the city
into chaos drafted a bill which has
passed by the Legislature of 1889 and
approved by Governor James A. Beav-
er, repeating the act of 1867 and it's sup
plement of 1876 so far as it related tc
providing four school districts for the
city. That put Scranton in the list OF
cities coming Under the provisions OF
the general act directing that each city
shall constitute one school district
The decision of Judge Archibald II
sustained by the Supreme court will
establish that from 1874, when the
Scranton school district was formed
pealing act was passed, had no lega
school body. The four separate boards
had passed out of existence and q
board directly in conflict with the city's
| charter was acting. The actions of the
| board during that period of fifteer
years will have no legal standing II
the Supreme court says that Judge
Archbalds decision is good law.
BONDS WE'RE ISSUED.
During that period $4,000 of schoo
| bonds were issued, which have not al
yet been redeemed. 1t is not likely
that the school district would try t
| avoid the payment of them on this
| technicality even if the courts would
permit it to do so. The school distric
! had the benefit of the money realized
from the sale of the bonds and tn,
courts would undoubtedly find som,
way of protecting the bond holders
! EX-City Solicitor l, II. Burns, whC
was attorney for the petitioners il
the quo warranto proceedings, said yes
terday that there is trouble ahead fo
nearly all the borough school boardt
hereabouts. Most of them are con
stituted as is the present board of thi
city by electing directors from eacl
| ward instead of six from the horou OIL