The diamond drill. (Crystal Falls, Iron County, Mich.) 1887-1996, 1905-10-28
HOPE TO RELEASE
PEORIA BANKER
Attorneys for Dougherty Con-
tendSchooI EIectlonsWere
Held Illegally
BASE CASE ON CHANGE IN DATE
Shift From November to April 10 Held
to Invsiidate the Corporate Exist
snee OF the City Board Of Educa.
tion.

Peoria. III. Oct. 17.-Chareing that
all school elections for the last nine
teen years have been illegal, that
Peoria has not properly had a board
OF school inspectors during this time
and that every cent spent on school
improvements and teachers salaries
was illegally appropriated, the attor-
neys for N. G. Dougherty, the default
ing banker and school superintendent,
claim that they have good grounds
for defense. Working on this
theory, the attorneys say they win
put up hard fight when the indict-
ed school superintendent is brought
to trial.
More definite rumors are being CIV.
en- out concerning the probable action
OF the federal grand jury, and It is
now said that II the present body does
not get 10 the investigation OF tho OF.
ficials OF the failed Peoria National
bank a special grand jury VIII be
called. Judge Bethea and District
Attorney r. w. Childs OF Chicago were
present at the opening session of the
United States court Monday, but be-
cause several grand jurors missed
thoir trains little was accomplished.
Say Elections Were illegal.
For the last nineteen years the
school elections have been held in the
month OF April. and II is said that this
date was changed from November.
contrary 20 law. II Is on this conten-
ton that Dougherty and his attorneys
are said to base their hope OF escape
from the 40 indictments which have
been returned against the former
school superintendent In this con-
noction Judge !. G. Plnkney gave an
opinion as follows:
There is nothing in the amenda-
tory act that operates as n repeal OF
the special charter creating the Pc
oria school district for the reason that
under the terms OF our school chart
er in order for the act of 1856 OF the
general school laws 10 operate as
a repeal, alteration or change, the
general act OF 1885 would necessarily
have 10 refer specifically 20 our spe-
cial charter No such reference be-
Ing made. Il Is my opinion that the
old charter is I'm force"
Mr.. Pinkney, however said that IN
HIS opinion the courts would validate
the acts OF the boards that had held
power in the last nineteen years on
the ground OF public policy.
School Act In Outline.
The act or the Legislature passed I'm
1869 created school district cmbrac-
ing all territory in Peoria, creating a
body polite and corporate 10 be known
as the board OF school inspectors OF
the city OF PEORIA" TO which II gave
perpetual existence. The statute
states that "all following elections for
such inspectors shall be held on the
first Tuesday after the first Monday OF
November OF each successive year"
Although the exact date OF the
changing Of the school elections from
November to April Is not known. II Is
supposed to have been either in 1856
or in 1887, shortly after the passing OF
tho state act
II is the opinion OF attorneys that,
even IL the elections were Illegal, the
fact would not affect Dougherty's case,
as he is responsible as an individual,
IL not as superintendent OF schools.
Apparently alarmed at strong dis
play OF Bailey sentiment and threats
OF political ostracism. the mass meet
ing OF independents. which was called
for Monday night 10 urge the resigna-
ton OF o. J. Bailey from the school
board. was postponed suddenly. II
was to have been a ward meeting. and
there is some talk OF concentration for
the purpose OF taking definite action.