Omaha daily bee., 1899-11-10
HIGH SCHOOL CASE UP AGAIN
Attorneys for Slack Peterson File Another
Amendment to Original Petition.
AIMED At ATTORNEYS SIMS AND STEWART
Attacks the Right of the Board TO Pay
Them for Professional Services
in Appearing in the Smith
Appeal Case.

! The attorneys for Slack Peterson in his in
junction suit against the Independent School
| district OF Council Bluffs filed one more to
! the already many amendments to the
original petition yesterday in the district
court. This time the amendment is directed
against Attorneys Sims and Stewart of the
Board OF Education and attacks the right OF
the board to pay them for their professional
services in appearing for the district in the
matter of the appeal taken by T. l.. Smith
against the selection of the Oakland avenue
property as a site for the new High school
building.
The amendment sets up that subsequent to
the appeal in the case OF T. l.. Smith against
the school district the school board made a
pretended contract with Jacob Sims its
president and ]. j. Stewart, member of the
board to represent it at the hearing of the
appeal and that in pursuance of said pre-
tended" contract had paid them for their
alleged" services S415.55 and was further
about to pay them additional sums In the
amendment it is alleged that the contract
entered into by the board is illegal, contrary
to public policy and is absolutely null and
void. 1t is also alleged that the compensa
tion paid therein is 'extortionate, Illegal,
null and void,' and further that the board
had no right to make such a contract An
injunction is asked restraining the board
from making any further payments to Sims
and Stewart, and further the court is re-
quested to issue an order directing Sims and
Stewart to refund the. money they have re-
ceived, and on their failure to do so that
judgment for the amount be entered up
against them.
Messrs. Sims and Stewart promptly filed
their answer to the amendment, setting up
that Peterson was not entitled to the relief
demanded and that the amendment was
frivolous" President Sims when seen yes
terday evening said:
"Mr. Stewart and the Arm OF Sims C
Blanchard were employed by the school
board to make defense for the board and the
school district in the litigation growing out
of the Oakland avenue Site These services
were necessary and when the appeal was
finally submitted to the state superintendent,
and supposed to be at an end bills for serv-
ices and expenses were rendered and the
same were paid. The fees charged were very
reasonable The fact that Mr.. Stewart and
myself were members Of the board is of no
significance. Professional services as at
torneys in litigation forced on the district,
as was this, are not services required of us
as members of the board. There is a wide
distinction. There was conflict between
the arrangement for such professional sery-
ices and our duties as members of the boa I'd
and certainly could not be expected to
render such services gratis. A demurrer
was filed to the plaintiffs amendment to
the petition this afternoon on the ground
that such amendment was frivolous and that
the plaintiff was not entitled to any such re-
lief. We hope that will end that feature of
the controversy"