Omaha daily bee., 1899-10-20
APPEAL IN HIGH SCHOOL CASE.
Attorney for the Board of Educatio
Has the Papers Prepared.

AthoEhey kpE une bOAru
Has the Papers Prepared.
j. ]. Stewart, as attorney for the Board
of Education, completed yesterday his petl
tion to be filed with State Superintendent
Barrett for rehearing in the High school
site case. President Sims Is also preparing
a petition which will be filed later. Mr..
Stewards petition will be mailed to the state
superintendent this morning. 1t in part is
as follows:
1--WE necessarily enter upon the discus
sion Of this case with the full understand
ing that this court has once been convinced
that the board of directors committed a
grievous error in selecting a school house
site. Were II so that a different tribunal
must be appealed to for reversal of that
decision the former opinion would have
great weight in the further progress OF the
hearing. happily petition for rehearing is
presented to the same court for a revisal
of his finding. The decision Is as clearly
wrong as it Is unsatisfactory to the patrons
of our schools"
County Superintendent Sawyer's familiar
ity with the facts and conditions involved
is pointed out in substantiation of his de-
cision. "In fact" says the petition, mo
man connected with the case had the same
opportunity to Judge advisedly as he,
This being the situation 1t Is possible and
perhaps probable that counsel presenting
| the case to a stranger to the facts on the
same brief as In the court below did not
present the details as clearly as same ought
| to have been done"
| In this connection the petition cites rea-
| sons assigned for reversal Of the county
| superintendents decision. "one member
of the board testifes that the moet central
L a. ast., n,aa "A
Pearl or Main street Thus 1t appears to
be the judgment Of at least five OF the seven
members OF the board that the Oakland
site is not centrally located"
Mr. Stewart argues that 1t would cost al
least $500. 900 to condemn elite at this point
and holds that the Oakland avenue site is
| nearest the desired point
The attention of the state superintendent
Is called to his error In stating that tht
Oakland avenue site Is ten blocks north o.
the Street tract and he Is reminded that Il
Is not SO much question as to the distanc,
| between the two sites as II is the distance
from particular site to the accessible cente
OF the district.
Continuing, the petition says that tn,
board has no quarrel with the court on th'
law Of the case agreeing that the authorit!
of the board should be exercised with grea
care as to the convenience OF the people
the geographical position and in harmon,
with the wishes OF the electors. 1t Is urge
that the Oakland avenue site was so selected
The petition referrs to the pecuniary in
terest held in other sites by some Of tn
active opponents to the one selected by tn
board and goes into details, giving names o
those so interested.
The petition concludes: This court ha
the jurisdiction to say that this location
not central, but we have full confidence tina
this court desires to promulgate only sue
opinion as is in accord with Justice and tn
facts In the case and In harmony with tn
wishes OF the people who pay for the build