Waterbury evening Democrat., 1907-09-26
THE SCHOOL WAR IS
 NOW ON AT DERBY
TAXPAYERS PRAY OUT AN INJUNCTION PRE-
 VENTING ANY MONEY BEING PAID
Four Members e Board of Education Had Agreed 10 Hire the Parochia School Building and Pay s1OO0 Year For It. ToDays Action May Block the Scheme Outcome Will Be Watched With Interest,"

Derby, Conn, Sept 26.-An injunc-
 tion was granted to twelve taxpayers
 to-day restraining the city of Derby
 through it's city clerk and city treas
 urer from paying any mon
 eys to Rev Father Fittzger-
 aid rector of St Mary's church
 on account of the use of the parochial school of the parish for school purpos- es, as would be the outcome of all agreement made by four members of
 the board of education with Rev Fath- CT Fitzgerald at the August meeting.
 Early in the year Father Fitzgerald petitiored the board of education for payment of $1 1,OOO to him as treasurer, for rental of the parochial schol. Op- position was made to the request and after a lively discussion the petition was withdrawn. At that time there was quite a difference of opinion as to the strict interpretation of the law re- iating to the payment of public funds for the support of a sectarian school, and it is said that Judge Donahue of Middletown prepared an opinion that it was within the province of the state to reimburse parish for eXpens- es gone to in maintaining a school. This opinion it is further claimed has since figured in the school incident at Middletown, the agitation here on the matter of pubic support of a parochial school antedating that at Middletown. AS the refusal of opposition of taXpay- CTS to Father Fitzgerald's petition the request for assistance was withdrawn although St Mary's rector was urged to allow the matter to take the form of a suit to get decision as to the law. Father Fitzgerald it is under stood declined to do this. The pre- sentation of petition to the board of education in August, it is understood is step to get the matter into court. It is upon that petition and the action of four of the seven members of the board which brought out the injunc- ton to-day, the return of which will be to judge Shumway on the first Tuesday in November. It is claimed that at the August meeting Rev Faith CT Fitzgerald petitioned that the city pay him, as parish treasurer, S1,000 for rental of the parochial school 1,4O0 for teachers salaries, $600 a year for fuel, and $500 for janitors services. In addition Fath- CT Fitzgerald was to be engaged as assistant superintendent at a salary of S750 year.
 It is set forth in the petition for the injunction that the four members of the hoard who received the petition and the complaint alleges that those four members were Roman Catholics, James A. Miles, chairman John Dunne, Thomas Mcleod, and William Duggan. voted to grant the request The Injunction now restraints City Clerk James E. Donahue from drawing orders, and City Treasurer Charles E. Clark from paying warrants for any of the sums granted by vote of the four members of the board to Father 
 The complaint sets forth that the said four members of the board and certain other persons to the complain -ants unknown agreed wrongfully and to order and cause to be- paid out of the treasury of the city of Derby certain sums for renting and heating of St Mary's parochial school