The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-03-31

one important phase of the school
board question has been definitely set
tied. The board of six will not take
control of affairs until the first Mon
day in June at all events.
This has been decided upon by the
local court. after due consideration of
motion for execution on the judg
ment of custer. made by l. H. Burns,
attorney for the relators, on Monday
morning last,
Mr.. Burns at the time of making the
motion urged upon the court the injus-
tice of keeping officials out of seats to
which they were unquestionably en-
titled and pointed out that although
two weeks had elapsed since judgment
was given against them, the controll-
ers had made no move to take advant-
age of the opportunity given them to
appeal, which inaction, Mr.. Burns con-
tended, could not be construed as
otherwise than an effort to postpone as
long as possible a Supreme court ad-
judication.
THE JUDGES REPLY.
In answer to this. Judge Archibald
said that if the board of twenty-one
was relying upon the court eXteniing
it's grace in this matter indefinitely, it
might be disappointed. 1t was no more
than fair. the court thought, that the
incumbent board should have an OPP
portunity of appealing the case as
body and at the expense of the dis
trict. For that purpose the writ of
execution was stayed. If, however, the
board does not proceed with reasonable
haste to take advantage of this oppor-
tunity it can not expect the court 10
stand idly by and see its privileges
abused.
As to the motion for execution the
court believed that under all the cir.
cumstances it would be better not to
allow it at this time. 1t is generally
accepted that the terms of the members
of the board of six do not commence
until the first Monday in June. 40
grant the writ of custer now would be
to have the district without a school
board for over two months. Such a
condition is to be avoided and the best
and most expedient way of avoiding it
is to allow matters to stand as they
are until the first Monday in June at
least. 1t was suggested to Mr.. Burns,
however. by Judge Archibald that he
| lcilVN MS lllollOll dbOuJ ullt
WILL WORK INJURY.
The failure of the incumbent board
to frame it's appeal to secure a special
and early day for it's hearing will
work to it's hurt in no small degree,
in another way.
One week from next Monday, April
II, the Pittston case is to come up be-
fore the supreme court. Attorneys
Michael Donnelly and John }. Shea of
the Luzerne bar, who are attorneys
for the board of six now in office in
Pittston, conferred with Mr.. Burns yes
terday. in regard to having him join
with them in the presentation of the
board of six arguments. Mr. Burns
accepted the invitation and will set out
at once to draft his argument.
This virtually means that the local
board of tWenty-one will enjoy the
paradoXical experience of having a bat
tie waged against them with their be-
ing present
The supreme court is >eXpected to
make an early decision, as the case
clearly demands, and it is not at all un-
likely that by the firsi Monday in
June the local judges will have no oc-
casion to hesitate any great length of
time in granting or refusing the re-
quest for execution on the Judgment of
| custer.