The herald., 1898-02-22
THE CITY ATTORNEYS OPINION
oUTWITS THE RING
THE PICO SCHOOL INSURANCE
Report Of Adjusters Not Satisfactory
Substitute Teachers Elected.
Crowded Schools


| All members of the board were present
when President Davis called them to order
at 1850 O'Clock. There had been several
matters referred to the city attorney by
the board at it's last meeting. The reading
Of these opinions was the first order of
business.
In the matter of the boards contract
for hardware, City Attorney Dunn was of
the opinion that, as the contract with the
w. c. Furrey company was an asset of the
company, 1t was such property as could
be legally transferred, and, therefore, if 1t
was so transferred to the successor of the
Furrey company, the j. w. Hellman COM
pany, it was still binding with the board
and should be lived up to.
Then came the city attorneys opinion
as to the secretaryship. His opinion was,
in effect, that the election of Mr. Averill
by the board two weeks ago was in every
way legal, and that, as result of that cleo
ton, Mr.. Averill was entitled to the office
and it's emoluments for the week following
his election, and that the claim raised by
Johnson. that the election had been illegal
because the Office had not been formally
declared vacated, could not stand. A week
after the election of Mr.. Averill, however,
the board had passed resolution recognize
ing Johnson as secretary. This the city
attorney held to be virtually a new elec-
tion, the effect of which was to again make
johnson secretary. Mr.. Dunn informed the
board that the law gave 1t authority to elect
new secretary every week, If it so desired
AVERILL REFLECTED
AS soon as this opinion was read the
friends of Johnson made a break which
prevented his continuing in office for at
least week longer and probably for the
rest of the year. Had they abded by the
decision of the city attorney, they would
have forced the fight for Johnson's removal
upon the other side, and to accomplish
this the opponents of Johnson would have
probably deferred action until they could
count noses. AS it was, however, Director
Bartlett offered the following:
Resolved, That H. G. Johnson be and
is hereby declared to be the secretary
and clerk of this board, continuing in
the office which he now holds and has
heretofore held, and that he continue
to hold said office until the expiration
of the term of the present board in Jan
uary, .1S99.'
The resolution was Immediately second
ed by Webb. Director Conrey at once Of
fered as an amendment that the name of
N. s. Averll be substituted in the resolu-
ton for that of H. G. Johnson and Mr.
Braly seconded the amendment Webb
tried to make a point of order that the
amendment was in conflict with the reso-
the chair. There was no discussion, and
the call for the question resulted in the
following vote on the amendment: Yeas
Bragg, Conrey, Davis, Braly Mathis and
Webb; nays-Poor, Bartlett, McInerny.
When the name of Mr.. Bragg was called
he arose to explain his vote He said: Eat
the last meeting 1 voted for the motion to
recognize Mr.. Johnson, with the under
standing that he hold the office tempo
rarily until the opinion of the city attor-
ney had been secured, and the understand
ing was that that did not carry with it his
reelection. This matter places me in a
hard position. am called upon to choose
between two Republicans for the same
office. If there was Democratic candi-
date would know what too do. have given
this matter considerable thought, and
have studied 1t as best I can. Believing
that this will settle the matter, and that
1t should be settled, will vote aye on the
amendment"
Webb's voting for the amendment which
meant defeat for his protege caused some
surprise until the purpose of it was after
ward explained. AS Is we'll known, there
can be no motion made by person who
votes in the negative If he desires to have
the question reconsidered. A few minutes
later Webb stated that his purpose was
to make it possible for him to move re-
consideration of the vote. He served no.
tice on the board that he would make such
a motion at the next meeting.
Immediately upon the declaration of the
result Mr.. AveriI took his seat as secre-
tary and the session proceeded.
CHRISTMAS SALARIES
Another portion of the city attorneys
opinion referred to the matter of paying
teachers in the schools their salaries for
the vacation week at Christmas Action
upon this was taken later in the session.
District Attorney j. A. Donnell also filed
an opinion as to this matter, in which he
stated that the board could legally pay the
salaries of the teachers for that week. and
that they should do so.
The building committee reported. rec
ommending that the contract for laying
a cement sidewalk in front of the Pearl
street school be awarded to Odemar Bros.
which report was approved.
MORE SLOYD ROOMS
The committee on industrial education
reported that 1t had become necessary to
open two more Sloyd rooms, and recon- |
mended that the most effective relief for
the Spring street Sloyd room would be to |
prepare room under the Sixth street
school. The building superintendent has |
made an estimate as to the cost of this |
which he places at 1926. The
committee also recommended that Sloyd |
room be opened in both the Custer street |
and Sixth street schools as soon as possi- |
BILE.
The report caused nearly half an hours |
discussion, In which all of the members
as did Prof Foshay, whe |
urged immediate action. The report was
finally adopted.
THAT WHIPPING
In addition to recommending certain
changes in the assignment of teachers sug-
sested by the superintendent, the commit
tee on teachers made the following report
"In the matter of the charges preferred |
by C. H. Long against two of the teachers
of the Sentous street school, for having,
On January S, 1898, with undue severity,
punished Seward Long, a pupil of said |
school, which matter was referred to this |
committee, we beg leave to report as fol-
lows:
I'VE have obtained from the superntend-
ent and have carefully examined the state
ments of the facts made to him in his office |
by the following named persons: Mr.. and
Mrs. G. H. Long, Seward Long, Misses
Emily Gardiner, Vada Reid, Eleanor Finch,
Aline Brown and Alice Hall. In addition
TO the statements thus obtained we are in
formed that the teachers accused were
tried upon the same charges before Justice
Morrison and were there acquitted. While
there may be some ground for the opinion
that the punishment administered was
quite severe, and perhaps not done with
he best judgment, yet, on the other hand,
t appears that the provocation and the
lihculties of the case as then appearing
10 the teachers very naturally led to the
punishment that was given. The public
rial through which these teachers have
t. IT, |