Juniata sentinel and Republican. [volume] (Mifflintown, Juniata County, Pa.) 1873-1955, 1899-12-20

,ounty, Pennsylvania, to show cause
why the Court should not remove them
rom Office and appoint Others In their
stead until the next annual election for
directors. Returnable September 10Th,
1899.
To this rule an answer was filed by
ali tho respondents Oh September 10th,
1899, and on the same day exceptions
were filed to the report Of the inspector.
We deem it unnecessary 10 specifically
refer to or discuss all Of the averments
and statements contained i'm the answer
further than to say they are not sus-
tained by the evidence 80 far az they
are material, and do not overthrow the
report Of the inspector.
The 4th exception to the report of the
inspector and the eth paragraph of the
answer allege that the Act Of Assembly
Df June 9Th, 1893, under which these
were instituted is uncOnsti-
futiOnal. oThis Act of Assembly has
been under consideration by the Su-
preme Court in a number of eases,
among them Ross Appeal 179 Pa. "a.
Of School Directors Of Kittan-
ing township 179 Pa. 60, and Barr's Pc
tition 1888 Pa. IL, and although SO far
as the report of the cases show the cOn-
Of the Act was not direct
ly in question this Ii q cOgent reason
why q court of first instance should not
80 declare it.
The 9Th paragraph Of the answer al
leges that the Act Of Assembly does not
the Court Of Common Pleas
or q Judge thereof to remove school di.
rectOrs from office and appoint others in
their stead: and that there is no power
in said court or judge thereof to 10 re-
move the respondents under this pro.
ceeding. 1t is true there is no EXPIRE IS
to remove the directors COLI
ferred by the Act of June 9th, 1888. II
and empowers the Court to
grant rule ON them to show cause
why they should not be removed, and
the legislature is not to be presumed to
do u vain thing. Why grant the power
to issue the rule if the proceeding musi
end there? But this is no longer all
open question The Supreme Court OF
the State has decided that the court has
the power to remove under the Act O1
1898 and by that decision We are bound
In Barr's Petition 1873 Pa. IL, in deliv'
ering the opinion Of the Supreme Court
signment Of error Is an attack OH the
1858 We shall not repeat what II
said In ROss's Appeal l79 Pa. d, and la
Kittaning School Districts Appeal IL.
Pa. 60. After q careful consideration
We adopted the construction of the Act
in those cases and we adhere
to 1t nOw." and In Kittanning SchoO
Districts Appeal 179 Pa. 60, the same
Justice SAYS, at might well have beer
argued i'm the case before US, under the
facts that even under the Act Of 1851
the directors were removable by the
Court of Quarter Sessions, and cOnse
certainly removable under the
first section of the Act of 1898 " In
both these cases the Court of Common
Pleas removed the school directors and
this was assigned for error, While
these decisions stand that question l.
settled
We will next refer to the questions OF
fact raised by the answer, 30 far as they
are material
In the second paragraph of reslsOn-
dents answer it is denied that "the dis
tance from the residences Of John &.
Joseph Jacobs, and samuel
is two and One-half Rliles to
the Muddy Run .chOOl house." and
AYERS "that said distance by the public
thence by the private road to
The homes named il but little over two
miles and by the route travelled and
used by private ways the distance Is
much shorter and that said way does
not cross the Pennsylvania Railroad at
any point" The Inspector reported the
distance at two and One-half miles 1t
was, stated at the argument that he
measured the distance by means of q
--',~s,l. John T.. assisted
al. measuring the distance
estified that the actual distance was
.wo miles, 9, 1851 feet, or to he exact 1O4
eet 8 inches less than two and One-half
miles. This Is very slight discrepancy
in the distance to which the maxim
iens,ntmis non csrate Ter may well he
applifd, and is in keeping with the
character Of some Of the other defenses
yet up in the answer.
A considerable amount of testimony
was taken from which the following
tacts are found. The children to be ac-
If new school Is estab-
lished would be drawn I'm part from each
Df the following sub-districts tO-wit:
Run, Red Bank, aud Maple
Grove. AS shown by the testimony OF
Muddy Run has 73 children of school
age, Red Bank has "a children Of school
age, Maple Grove has "a children OF
school age. During the school term of
1898 and 1899, the average attendance
at Muddy Run school was 40, at Red
Bank 40, and at Maple Grove 40. There
were enrolled at Muddy Run 81, at Red
Bank 66.
The inspector finds that at the time
of his reports, August oath, 1899, there
are about twenty scholars of school age
in the proposed district, and that by
October list, 1899, four more will arrive
at school age. The respondents at
tempted to show by the return Of the
assessor that one Of these children was
not of the requisite age, and thus cOn-
tradict the testimony Of the father of
the child. The return Of the assessor is
not sufficient to overcome this testi-
mOny.
Ia copy Of the financial report Of the
school directors of Milford township dis
trict was appended to and made = part
of the inspectors report. Its correct
ness was not denied. From that 1t ap-
pears that Q tax Of one and One-half
mills was levied for the school year end
ing June 1st, 1899. That the State ap-
received was Sl254 10. Inc
Total expenditures Of the district were
b, 1855.
Cash OIL hand. d.................. $425 IS
Amount due district from all
sources 4lZ.34
Resources i'm excess Oflliabilities. $S37. .9s
1t will thus be seen that with q tax
lew Of one and One-half mills there is
available assets of SS37.99 due the dis
trict, and that the State appropriation
was sufficient to defray more than one
half of the entire expenses Of school dis
frlct for all purposes.
1t will thus be seen that to establish
another school, SO as to accommodate
the children Of the petitioners and 9TH
ers in said district would impose no un-
due burden upon the taxpayers Of Mil
ford township. The fact that some Of
+ no children that attend the Othor