The Oskaloosa herald., 1906-01-04
APPEAL IS TAKEN
IN SCHOOL CASE
ENn NOT var 10 RlcalANu
TOWNSHIP rHovslE
coErEmpr or COURT CHARGED
Directors cited 10 show Why they
Built New House Despite tha
Reverse RulInua of she
superintendent


Threatening TO rival the Jones
county calf case In fame Ia tho Rich.
land township school pquahbio In
sub.district No. 10. the latest dsyel.
opnent In which was tho nling OF na
injunction fuit brought undo. the
suggestion OF state Superintendent
Riggs. who saw in such an action a
way out OF the trouble.
The suit is brought by Aric
Bogaards and r. Won Henkelam
through their attorneys, w. II. Keat-
ing Of this city and George q. Gaass
OF pella. The school district is de-
PENDANT, the directors, w. T. Burg
Wehrle, president, Mrs. ". s.. ASH.
ton, secretary, and w. s. Lindsey.
treasurer, named.
In the petition Of the plaintiffs is
recited the events which led up to
the fight; the decision of the direct
ors to build a new school house ON
the old site; the election prior TO
making the levy, for which no legal
notice was given; the decision to
erect the building on a new site,
and the levy OF $7O0.
Then the trouble. The appeals to
the county superintendent, who or
dered the school house erected on the
old site; the appeal to tho state sup
erintendent, VINO dismissed the case,
suggesting that by injunction the
plaintiffs had a remedy at law to pre-.
vent the erection Of the building.
Now, says the petition, the direct
ors have continued TO erect the
school house in the face of what It
alleges are orders to the contrary
from the county and state superin-
tendents, and that they are attempt
Ing, TO pay for the same out OF the
township funds. They are, 1t says,
paying, or, have paid, the costs of the
case, including the attorneys fees,
out OF the township funds.
They have attempted to hold, or
are holding, the petition states, school
In the new building. This, complain
the plaintiffs, is over two miles dis
tant from their residences, as provid-
ed by law, wrongful.
Therefore, the plaintiffs ask an In.
junction restraining the defendants
from many things, and orders from
tho court that they do many more.
IAN order Is asked that the defend.
nnts be cited to appear to show why
they gre not In contempt In erecting
the school on the new site la a c OF
the county superintendent order TO
erect on the old; an injunction re-
straining them from holding gcpool In
the new site; from removing proper
lty from the old site until this action
ID determined; from selling sne old
site; from asking further expenditures
In the matter until its termination;
from making contracts in the mat
ter; from removing the old school
from It's site; from selling either old
site of old school, from removing
anything from the schcool building.
The courts order, 1t is asked, will
require that the trustees appear and
account for all expenditures, showing
what authority they have for such ex'
penditures; that they commence
school and hold school on the old
site; that they show by what author.
Iity the new school house was erect
ed and that they return immediately
TO the building anything taken from
the old s"scol house or school site.
A judgment for costs in the appeal
Is made, and for costs together with
these orders, and a temporary in
function, to be made permanent, Is
required.
Judge Pgeston has ISSUED an order
that the case be moved up, and be
taken up Immediately for hearing
Tuesday morning, before Judge
Clements.