The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-01-04
DECISION FAVORS WELLS.
School supt. Barnard Loses in
Judge Benson's Court.
eoAsp MEETING POSTPONED.
~n~,e VIII he Further Proceedings
TsAsy. and II. as Expected. the
resyt-s second Decision Goes
w<lIs' Way. Barnnrd's Enemies
Tonfshs-Mr. Barnard VIII Fight.

Nudge Beneon, OF the ciYil department %
che superior court. took hand yesterday
= the case Of City Superintendent OF
sehoois Frank J. Barnard. who has been
An trial for msifsassnee and mlsfeasance
n eY,ce. While ne had nothing 10 do with
tooklng into the charges, mis- decision on
certain legal points viii probably result in
,a@ case being taken to The supreme court
Judge Elliott, who iszsed the writ OF p.o-
hgbltion from the bencs Of the equity de-
sarsmsnt while acting in the absence OF
r.,age Moore. made Il retuTnabie TO Judge
Bxnson yesterday. Judge benson. after
listening 10 isngthy arguments by the at
: forngys for Superintendent Barnard and
tse board. SUSTAINED the demurrer of the
school board aaaEhed the temporary writ
AZ nrohibition aud refused 10 issue stay
order 70 keep hs decision from going into
eject until superintendent Barnard could
app<al to the supreme court. He gave
eun@rsnisnden, Barnard until this morn
M to amend his petition. az which time
hs viii give his final decision on whether
= not Director Wells will continue to sit
I, one o. the judges in the Barnard In
vestigaslon. In view of the fact that the
court sustained wel-s' demurrer to the or
,siual petition. II is hardly likely that the
amended petition viii contain sufficien.
rYw facts to bring about a change In the
ccurts yseas. II Judge Benson today sus-
txlss the demurrer to the amended petit
tieu and refuses u Issue stay order
keeping his decision from going into effect
unit; tas supreme court has had a chance
10 say whether or not he is Legally correct.
II Is likely that Superintendent Barnard :
counsel viii ny some legal steps to seek TO
have the supreme court step In and COM
pei him 70 do SO.
Last Nights Meeting Postponed.
The board OF education was to have met
las, nlght for The purpose OF acting on the
Barnard matter but from the fact that
yesterdays proceedings viii not enl until
today, the meeting vas postponed until this
evening II t3day'S proceedings are agains.
Superintendent Barnard he will. IL is said.
make every effort 10 have the board delay
action until the supreme court may be
heard from. Those who are fighting the
superintendent viii urge Immediate action.
hibsilon came UP ia Judge Kensons
court yesterday the question as TO wheth-
e. the Proceeding vas civil one Was
brought up.
Judge Benson was not anxious TO hear
the ease and wanted IL transferred 10
Judge kcChnton Of the equity depart
ment Attorneys Frank Steele and James
b Howe. Who represented Barnard. con-
tended that Ii was civil action and could
be tried before jury II necessary. As
Prosecuting Attorney MeElroy and Depu-
~ Hart did not object. Judge Benson de-
elded TO hear IL at 80 y. IN.
Wells Ready to Decide.
Very few People beside those directly
Interested in the outcome of the case
we're in The court ruam when Deputy
Prosecuting Attorney Hart outlined the
ease far The school board. lie read the
aaHdayit on which Supt. Barnard secured
tue writ Of prohibition and stated that
tie school board demGired on the ground
that the affidavit did not state sufficient
iaels 10 warrant an interference on the
ta,t Of sho court and that IL failed 10
show that Director Wells had any money
Interest In the result % the investigation.
Deputy Hart admitted that Wells
toaxat the charges against Barnard
we're sufficient to remove him. but claimed
.
m.nd as soon AZ facts presented them
selves lie said that the school board
y given power under the law Ca appoint
city superintendent and To remove him
Tor cauee. members of the board being
iae sole judges a. 20 what shall be sui'i-
cent cause. tie cited several similar cases
this state where the party bringing
charges against public officer was also
me person TO judge the charges. In clos
re ne made the statement that The
MATES had been brought into court by
sapi Barnard in az effort 20 tear the
tosrd 10 pieces. a. would surely result II
tae eauGs made The writ permanent. He
eAmed thar Or. Titus had the same rigat
and cause to come in and demand that
directors Van liouten and Brewer he re-
sfasned from acting on the board be-
cause they are determined 10 keep Supt.
Barnard In office. Attorney Hart stated
"a, While they had prepared an answer
70 tie wit In case their demurrer WAS
10 sustained ihey did not think IL neces-
Ny 10 btins II az al thar time.
Attorney Steele then took up The afsu-
Heat tn favor of Supt. barnard tie set
,e''h how Director Wells had announced
SIS tateniaoa 20 vote Barnard guilty re-
tssaisSS of The evidence brought out az
ne snyssiisat'on lie said that Vets
vas back 4 the charges against his client
ara mat DC t}he Glrrctor) had made up
as msAd 10 convict even before the In
"ss&ation commenced. MIR Steele cited
aainhef az cases ia which judges n 4
eees held unqualified @ hear j ease FOR
sapef rea ems than those admitted ~
vets . exist i'm tis case. til. claimed
Aa' Wells was sitting both as Judge aud
s1'ei Il taai he had not only 70 decide
y feat points hut 10 act on THE evidence