Omaha daily bee., 1899-05-06
SLACK PETERsON's INJUNCTION
Board of EducntiOn Anticipates N,
IrOubIe in Gcttinr Order ni..al,-a.i

hoard of Education Anticipates No
Trouble i'm Getting Order Dissolved.
Inc Board OF Education held a special
called meeting yesterday afternoon in the
office of President Sims for the purpose of
deciding what action should be taken in the
matter of the INDUCTION served on the board
in the suit brought by Slack Peterson Presi-
dent Sims and Member Stewart who are
both attorneys, gave it as their opinion that
| there would be no difficulty in having the re-
straining order dissolved upon the matter
being properly presented to the court. 1t was
decided to leave the matter in the hands of
President Sims and he was authorized to take
whatever steps he deemed best to have the
injunction dissolved. Mr. Sims will at as
early a date as possible move for the dis
solution of the order. If convenient to
him Judge Green will be asked to come
to Council Bluffs to hear the matter. 1t is
claimed on behalf of the board that when
Judge Green issued the restraining order he
was not fully advised in the premises by
the attorneys representing the parties op-
posed to the Oakland avenue site.
The matter of the appeal of T. l.. Smith to
the county superintendent was also discussed
and 1t was the unanimous sentiment of the
members that effort should be made to
have the case disposed of at as early a date
as possible The board has been prepared
| to have the hearing on the appeal fixed
| at any time, but the delay in having a
| date set has been due to the attorneys for
Smith who have shown no disposition to
have the case brought to an issue, Presi-
! dent Sims on behalf of the board called
on superintendent Sawyer yesterday to fix
date and the latter said he would do so
as soon as he could get the attorneys for
| Smith to agree on a day.
| In connection with Smiths appeal II Is
! said that he has notified the attorneys who
| represent the opposition to the Oakland ave-
| nue. site that he is unwilling to proceed fur
| ther with the case unless he is indemni-
! fled against any possible cost in the mat
] ter The law provides that either side can
! subpoena all the witnesses It wishes and
! that the witnesses shall be paid the same
compensation as in the district court. This
| is, therefore, likely to bring up the costs
| of the appeal to a good round figure as the
| board may, if it so disposes, introduce any
number Of witnesses to dsprove that the
| site is not centrally located and to refute
the other allegations made by Smith Should
| the suit go against the board the costs will
be paid out of the contingent fund of the
district as provided by law. II, however,
the result should be adverse to Smith the
law provides that the costs shall be taxed
to the party appealing. a transcript thereof
| shall he filed in the office of the clerk of
the district court and a judgment entered
thereon, which shall be collected ms other
judgments. This is where the shoe pinches,
and caused Smith not TO be anxious to as
sumo the entire responsibility. II IS said
that the attorneys assured him that in the
event of the case going against them tho
costs would he forthcoming and that he
would not have to pay them as they would
take care OF that.