Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-08-15
A New Turn in the Long Drawn
Out Controversy Over Site
at Cleartield
MANDAMus ORDER is ISSUED
Every Known Method of Legal Pro-
ceeiure Resorted to BY the Opposing
Parties in Effort to Gain Victory
Supreme Court May be Called to
Pass Urton the Question.
to Tin1es-Republiean.

| Special to Times Republican.
| Clearfield, Aug. 15.-The Clearfielt
school case took new turn by the
| decision of Judge Towner, wherein
| he issued an order of mandamus to re-
quire the school board to rescinC
their action in changing the schoo
site after being located by the state
| superintendent.
| A short sketch of the situation may
be interesting In 1903 the board
condemned the school house and
grounds and submitted to vote author
ity to sell the old house and site and
bond the district to build new house
Seven thousand five hundred dollars
was raised from the sale OF bonds as
the result of the vote. I3ide for elect
ing school house were advertised for
and a contract let, with no site locat~
ed, but one offered north of the rail-
road on the west side of town.
Later a site was offered on the
south and the choice Of location left
to popular vote, resulting in 109 for
south and 1G6 Tor nortn. The board
then located by a vote of 3 to on
the south side. This added to the
distance of the country pupils, making
some travel nearly three miles to
school. Joseph Doubet appealed to
the county superintendent, n. S. Ash,
who reversed the board and located
s,;t
pealed TO State Superintendent Riggs
viii sustained County superintendent
Ash.
Additional bonds had been attempt
ed to be authorized, on the site To-
Gated by Mr.. Riggs, but failed the
necessary tWo-thlias required by law.
Then vote on the old site was talk
en- and lost. Then petition was pre-
sented to Mr.. Riggs requesting a re-
opening of the case and remanding
the location back to the board of di-
rectors and a hearing. was had. Mr..
Doubet got out a writ of certorari be-
fore Judge Howe in Des Moines
claiming that rights had become vest
ed under the decision of Mr.. Riggs
some ten months prior, and that his
decision was final and Judge Howe SO
held and stopped the matter. An APP
peal is now pending in the supreme
court on that point.
After Judge Howe's decision, the
board on their own motion took the
matter in hand and moved the site
and located just south of the old
school house, and after thirty days
began TO build a school house. In
junction proceedings stopped the
building operations and suit for ar
order to compel the board to reverse
it's action was brought and tried in
April, with the result that Judge
Towner orders the board to restore
the site to this place as located by
Mr.. Ash and Mr.. Riggs.
The district has about $4,000 on hand
and George A. Ferrin's bonasmen had
to make it good when he absconded
and the Farmers State bank closed its
doors. Ferren was school treasurer
The case has been holly contested in
the courts and it is presumed that the
board will appeal to the supreme
court. The board has been represent
ed by Haddock & Sons and M. L..
Temple, while Mr.. Joseph Doubet was
represented by ]. r. Plummer and
w. NJ Jackson. Outside of a few
leaders very little interest is felt in the
matter. and all are good friends, as
1T is now a legal battle.