Danville intelligencer. [volume] (Danville, Pa.) 1859-1907, 1906-12-21
JUDGE EVANS GUSTS
A SCHOOL BOARD

new board, which is calculated to bet
ter serve the interests of the public
schools The openly corrupt condition
in Conyngham has been an eyesore to
the good people of Columbia for years
and strangely the very center of all
the rottenness seemed to be Just in the
place where all should be most cir
cumspect-in the schools.
Judge Evans lengthy opinion, hand
ed down Saturday, is of great interest
as it treats not only of the misdoings
of the directors in Conyngham, but al
so goes thoroughly over the duties and
responsibilities of school directors IN
general.
The opinion of Judge Evans starts
off by quoting from an opinion of
Judge Ferris in removing school di-
rectors; Popular government to en-
dure must be based on intelligent oiti.
zenship. Upon this is built our school
system. The lever that controls the
machinery of that system has been
placed in the hands of the school di
rector and to him has been committed
sacred trust From him is demanded
absolute fidelity in its execution. He
may tax the people and expend their
money but only for specified purposes
and in the public interests. Their duty
is to care for the intellectual, moral
and physical health and growth of the
children of the district For this pur
pose he stands between the parent and
| the government and from them ex-
ercses a control which is their first
introduction into the domain of law.
From every point of view it is essenti-
al that the director, who to the child
| is the representative of the law, should
be law abiding and scrupulous in the
performance of his duty. In this re-
spect neither venality, ipcapacity or
negligence will be tolerated. So rigid
| is this drty that the school director
who fails to attend two successive
meetings of the board without suffici-
ent cause may be summarily dismissed
| from office by his fellow directors So
also If all the members of the board
neglect to perform the duty enjoined
by law. the court is authorized upon
proper application, to declare their
seats vacant and appoint others in the
places. -
son the 18th of November ten citi-
zens of Conyngham presented petit
tion to court stating that directors of
the district have during the past year
refused or neglected to perform their
duties as school directors. The petit
tion asked for a rule to show cause
why their seats should not be declared
| vacant aud other directors appointed.
In answer, Michael J. Dixon, John
Monroe and Richard Cain came into
court and said that since the recent
death of Director Anthony McAnd
rews, Charles Kostenbauder had been
elected to the vacancy and denied that
they now refused to perform their
duty. Motion to dismiss the rule was
made for the following reasons: 1st,
Kostenbauder did not refuse or neglect
to perform his duty;2, that Michael
J. Dixon, John Monroe, Richard Gain
and Charles Kostenbauder have since
November "a performed the duties of
school directors, and 3rd, that court
had no jurisdiction to oust school di-
rectors unless the whole board refused
to perform their duties.
1.-The first reason assigned is irrelev-
ant. Kostenbauder was not director
! when the proceedings were commenc-
ed. AS to the directors now perform
ing their duty that is to be determin-
ed by the testimony. AS to the courts
jurisdiction, in this case, it appears
from evidence that all directors are
neglecting their duties. The motion
to dismiss the rule is therefore refus-
ed.
The evidence shows that the direct
ors Of this district have been unfaith-
full to the high trust committed to
them. They have been guilty Of gross
neglect of official duty. The schools
have had practically no attention from
the directors this year. They failed
to supply the schools with the neces-
sary supplies and allowed one of the
schools to become out of repair. In
June this year the board was hopeless
ly deadlocked. There were two fac
tions of the board, three on either side.
The business of the district was total
ly neglected. The best interests of the
school children were made to suffer by
reason of those two political factions
oontending for supremacy. The busi-
ness of the district continued in this
deplorable condition up to the grant
ing of the rule and in measure still
continues.
From these reasons we conclude that
a state of conditions eXsist in the Con
yngham school district that impera-
lively calls for the removal of these
directors from office. 1t is therefore
ordered aud decreed that the seats of
Michael j. Dixon, John Munroe, Pat
rick Cain, Frank Snyder, Richard Cain
and Charles Kostenbauder are hereby
declared vacant; and DR.. Thomas Kea-
ly, Frank Meikrantz, Thomas Terry,
Frank P. Brennan, sJohn Payne and
Martin Mcdonnell are hereby appoint
ed school directors in place of those
removed, to hold office until their sue
cessors shall have been duly elected
and qualified.
BY THE COURT. "
peoDteS Rank Direcfnra