The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-04-09

ucational sense. are even more import
ant than the building of sewers and
bridges, the care of streets, paving, etc.
Upon the success of our schools depends
the success of our cities. The taxes coll
lected by each are about equal.
The tendency of the act of 1874 Is to-
wards uniformity; its object is to in
crease the efficiency of the common school
system; and legislation with these aims
should be sustained by this court.
If the present board of controllers were
ousted, it might be found later that they
are the legal board, and great confusion,
turmoil and injury would result in the
transition from one board to the other.
For these and other reasons we pray the
court to make the rule absolute
AGAINST THE SUPERsEDAS.
In the argument against allowing the
| sunersedas the following appears:
Rule to show cause why the appeal
from the judgment of the court of COM
mon pleas Of Lackawanna county should
| be decrecd supersedas.
This is a proceeding by quo warranto
| to GUST the defendants herein named
| from the school controllers of the Scran-
| ton school district.
| IT is contcnded by appellants in their
| petition, upon which the rule in this case
was granted that unless the appeal was
decreod Il suporsedas:
]. Great and irrcparable injury will be
| done.
| @ Chaos will be created in the school
! district of the city of Scranton.
| There is but one question involved in
| this rule and that is whether or not your
| honorable court will continue in power
| for another year, a board of controllers
| claiming title to office under the act Of
| 1874 after two different courts of common
pleas of this commonwealth have de-
clarcd such boards illegal and unconsti-
| tutional.
Courts of common pleas above referred
to are those of Luzerne and Lackawanna
| counties.
| 1t is admitted that the appellants were
| duly elected under the act of assembly,
| approved April q. 1874, but said act so far
as it relates to the management of COM
mon schools has been declared unconsti-
tutional. (See case Chalfont vs.. Edwards
173 Pa. st. 24GD.
The judges of the court Of common pleas
of Lackawanna county are not the only
! common pleas judges of this common
wealth to declare that school controllers
elected under act of 1874 show no valid
title to the office which they hold and
ordered them ousted.
JUDGE BENEFITS OPINION.
! Judge Bennett, Of LuZerne county in
the recent case of commonwealth OF
Pennsylvania ex rel. VS.. Thomas J. GILL;
gan, ct al, kulp, $50. held the same
! view.
The facts set forth in the petition for a
writ Of quo wdrranto in the case of com
mOnwealth eX rel vs.. Glligan, ct al, ut
supra, are identical with the facts agree i
I upon in this case, in the Giligan case
the board of controllers were declared IL
legal and ousted, an appeal has been
taken from the court Of common pleas Of
Luzernc county and will be heard before
your honorable court on Monday next,
the 18th inst.
the lower court in the case of common
wealth eX rel. vs. Gilligan, above re
ferred to, and at the same time decree
the appeal in this case a supersedeas it
would deprive two school directors who
have been lawfully elected to serve for
the term of TIE other four directors
would be reduced by one year.
! Is it any argument in favor of continu-
ing an illegal b, ard to say that IL said
hoard is declared Illegal, their actions in
the past will be contested, to sustain such
a proposition would be to continue such
boards forever?
| Counsel for appellee are unable TO dis
cover any great and irTeparable injury
that will be done the Scranton school dis
trict by Ousting the prcsnt board of sch lol
controllers, who claim title to office, un-
der the act of 1S74 and seating on the
9th day Of juno, next. a regular set of di-
rrrtDrS who have been duly elected un-
Do the old law. and who are ready and
claim the right to act in that capacity
on and after that day.
CHAOS WILL NOT RESULT
L is contonded that chaos viii not
result ana that TO n certainty "a reUli-