The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-03-20
JUDGE CLANCY'S DECISION
Holds the Present School Board
as Regularly Elected.
AN APPEAL WILL BE TAKEN
Trustees Long, Frederick, Burke and
Morgan Will Remain in ONCE
Pending the Decision of the
Supreme Court.

Judge Clancy yesterday made a de-
cision in the school trustee contest case.
holding that the law under which
Trustees Long. Frederick, Burke and
Morgan were elected. is constitutional
and was properly enacted into a law
by the last legislature. and 1ismissing
the contest instituted by the old o.. j..
Mcconnell trustees. The present board
will therefore continue in office and the
defeated contestants will at once take
the case to the supreme court. Judge
Clancy's decision. which viii prove a
popular one. recites the points raised in
the contest very fully and in full is as
follows:
THE plaintiffs filed "A complaint
against the defendants herein on the
2sth day of May. 1897. n cause comes
on for trial on the LIST day of March,
1898, and after trial and argument on
the Sd day of March. 1898, cause sub
mitted n taken under Amusement.
The court considered first a motion
made by defendants attorney, and after
fully considering same the motion is
by the court overruled.
And again. and thereupon. plaintiff.
by counsel. filed a motion. which APP
pears in the record of this case as
aforesaid. and said motion is by the
court overruled. After which the court
proceeds to consider the case as pre-
scented and render a decision herein.
This is an action in quo warranto
against the directors of school district
No. 1. embracing a large district. in
GLIDING Butte city and all suburban
towns. such as Meadorville. Centerville,
Vaudeville and South Butte.
This cause presents for judicial con-
eideration and determination the ques-
- - H. -
validity. when considered in relation to
certain constitutional provisions, of the
alleged act designated as senate bill
No. So. cited in defendants answer. and
upon which an election Hereunder de-
PENDANTS claim TO be elected To the Of
flee of school trustee, respectively. of
said school district No. l, of Silver Bow
county. Montana.
IF said senate bill No. Sc. passed by
the house and nat and signed by the
governor and published among the acts
of the fifth session Of the legislative as
sembly of Montana page 1861, is held to
be a legal and valid statute. then de-
lar prevail in this case. Other
wise they ave no law upon which TO
rest their claim To election, and the de-
termination of the court must be
against them Relations challenge the
constitutionality of said act and insist
that IL is invalid and absolutely void,
on several grounds. summarized as fol-
lows:
'First-Relators contend that il is an
constitutional for the reason that Il
breaks and destroys the system and
uniformity demanded by the consti-
tuition in establishing and maintaining
a uniform system of public free COM
mon schools. fOrd. ] of the const., part
4. and article IL. part ID
standardization contend that ID Is
unconstitutional because IL is local and
special law forbidden by section &c. of
article ., of the constitution of Montana,
in that: % 1t is local and special
and forbidden by part 26. article 3. of
the constitution, because IL is providing
for the management OF common
schools in only two school dis
tricts in the state of Montana
and on a subject general and common
TO ALI e.. the election OF school trus-
tees. Second-Relators contend tina
IL is local and special and violates a
provision of paragraph 26. article 3 of
the constitution of Montana i'm that IL
'prescribes the powers and duties of
officers I'm two school districts only in
the state. s~ubtracting certain powers
from school trustees in two districts
only in the state and adding i'm the
same degree to the powers of the coun-
ty commissioners in two counties in
this state on a subject common to all:
so that the board Of county commits
sioners in two chool districts only of
the state are lesser in powers and du-
ties than any other school boards
throughout the state and REALTORS con
tend that said act No. sc both destroys
the uniformity and system required az
to common schools: and also infringes
the provision OF the constitution for
bidding the passage of a local or spe-
cial law prescribing the powers or du-
ties OF officers in counties, cities. town
ships or school districts. Third-Rela-
tors urge that it is also a local and
special law forbidden by paragraph
&c of article V. regulating the opening
or conducting any election or dis
tinguishing the place of voting. Fourth
-Relators complain also that they say