The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-11-10
FELL TOWNSHIP CASE.
Judge Edwards Handed Down an
Opinion Continuing the Prelim-
mary Injunction Granted.

In an opinion handcd down yester-
day Judge II. NJ. Edwards continued
the preliminary injunction heretofore
granted in the case Of Nicholas Glynn.
Andrew Moran and j. CouChlin
against John NIooty, James Heenan.
Edward Healey, James Ward, Thomas
llennlng and Nathaniel Davis. All of
the parties to the suit are members
OF the school board of Fell township
and the trouble arose over the selec-
ton Of school books for the district.
In his opinion Judge Edwards said:
Although this case has been heard on
rule to continue the preliminary in
junction, the testimony taken on both
sides has disclosed it's full merits, and
1t is therefore incumbent upon us TO
report the facts and the law to the
same extent as if it were before us on
final hearing.
The main contention of the plaintiffs
is that the school district Of Fell town
ship entered into an alleged contract
with CHM &, Co. to furnish the district
with school books for a period of three
years. This contract is alleged to be
Illegal, % because the resolution Of the
school board authorizing It was passed
in the absence Of the teachers: C2) be-
| cause the names of the members yot-
! not entered uron the minutes, ard 60
! because the resolution VAS passed and
| the contract entered into before the
annual election Of teachers.
The undisnuted facts Of this case
! have placed it beyond the necessity Of
| any extended discussion. The action of
| the school board as detailed in the min &.
utes was in violation Of the plain man.
| M ~ lo
| the contract with Gi0n & Co was alb
! solutely void. The restrictions imposed
| by law on school directors in the
| change and purchase Of school boots
| answer salutary purpose. When par
| ents paid for their children'S books it
was proper to protect them against
| sudden and arbitrary changes entail.
| ing unreasonable expansa Since Ehn
municipalities pay for school books the
| same protection is extended to the tax
/ payers. 1t is matter OF common oh
| serVation that school book agents are
! Industrious and that their advances, in
! the interest OF their PRINCIPALS, are
/ sometimes of a very persuasive char
acter. 1t is well, therefore, that all tho
| requirements of the law should be
| strictly complied with.
Nor do we consider the participation
Of the teachers, as an advisory body,
in the choice nf books. 4 matter to he
overlooked. Persons trained to and in
the profession of teaching ought tn
know more about the quality of the
books repdod for the schools than those
who follow other occupations. It is true
that school directors are not bound by
the judgment Of the teachers; never
theless the directors must secure the
advice Of the teachers as the law re-
ouires. IF the tasti ncny in the case at
bar is to be believe I. the school board
In Fell township have failed for sew
oral years to obsAcye this provision OF
the law.
Tho questions cf law considered in
this case have been before may Of tho
c0rnmon pleas iud~es th"cughOut the
state. They all aCrhe substantially in
their construction f the law. Their
views may be found N the following
cases: Parber VS.. wilhelm, @. G. 21t;
Butler VS. Shirley township school dis
trlct, Is c. c. POI; Barber VS.. New
baker. 10 q. c. 2l4: Maloney VS.. Rogers,
Fulp, $50.
Now, November Q, 1890, the rule to
continue the preliminary i"junction
awarded in this case is made absolute
| and the injunction Is continued until
| the further order of the court.