Los Angeles herald., 1909-03-27
CLAIMS SCHOOL
DISTRICT NEVER
LEGALLY MADE
ISSUANCE OF BONDS FOUGHT
BY TAXPAYERS
ALLEGATIONS OF IRREGULARI.
TIES NOT ARGUED
But Declares General Rule Is State
Only Has Right to Guess
ton Illegally

After an entire afternoon spent in
making the closing arguments in the
injunction prayed for by L. j. Spencer,
taxpayer, against the issuance of
bonds to the amount of $720,000 recent
ly voted for school purposes, the attor-
neys on both sides ended their presen-
tation of arguments on the demurrer
filed by the defendants, and the order
to show cause and the demurrer were
placed in the hands of Judge Bledsoe of
San Bernardino, presiding in depart
ment seven in the superior court in
place Of Judge Hutton.
The afternoon brought out the prin-
cipal lines of attack on which the IN
junction is based and furnished clew
to the specific allegations it is intended
to bring out in the case when 1T comes
to trial, but the clew was only leading
one, for Attorney Hiatt, for the plain
tiff, confined himself to very general
allegations, except In one ISSUE
That the chief contention of the COM
plant will be the illegality of the pres
ent school district in behalf of which,
the board OF education sitting as
high school board, called the bond cleo
ton, was evident when Attorney Hiatt
took up his closing argument, and he
placed MS fndln TClldIC0 vi the COii-
tention that the district never has been
organized legally by vote.
Touches Lightly on Allegations
Touching but lightly and in the most
general way on the allegations con-
corning the Irregularities which he
commended should. make the bond cleo
ton valid, Hiatt gave almost his en-
tire time to an enlargement on the
questioning of the standing of the pres
ent high school district, and numerous
points of law were quoted on both
sides. Attorneys Shaw and Wilson,
acting for the cit and county, board
of education and board of supervisors,
sought to bring before the court spe-
cification of the allegations in the COM
plant regarding improper conduct of
the election, but the counsel for the
plaintiff declined to enter fully into the
matter.
The case was reopened yesterday at
1880 o'clock, when Attorney Wilson
took up his argument as to the valid
ity of the election and emphasized the
fact that he had been unable to find
any case wherein a question had been
raised as to the validity OF an election
where two elections had been held on
the same day, called by the same body
sitting in each instance as different
board. He cited cases and decisions
from the California supreme court
wherein many millions of bonds had
been voted pursuant to the statutes,
and stated unless there is shown a
plain violation of the statutes the court
should not take cognizance of any at
tempt to declare the election void.
Attacks Validity of District
In his closing argument Attorney
Hiatt, for the plaintiff, attacked the
validity of the high school district and
went into particulars, citing several
cases and opinions relative to the eff
fort to place before the court the fact
that no such legally organized district
exists in Los Angeles. This Attorney
Shaw later denied, and quoted a Cali
fornia supreme court decision admit
ting the existence of high school dis
trict wherein moneys had been raised
by a board acting for such without
special election to form such district.
Shaw cited numerous cases In this state
showing that several cities recognized
such a district.
Again referring to the manner In
which the election was conducted,
Hiatt spoke of general cases in which
polls had been removed, lack of Sc
crecy to voters was evident and ballots
were not properly prepared.
"But, your honor. we would like TO
know something definite concerning
these vague allegations" declared At
.torney Wilson. mo attempt has been
made to charge fraud; in fact counsel
has disclaimed such allegation, but
here are indefinite allegations OF irreg-
uIarities If this case should come into
court we might need no witnesses at
all. we might need 200 or we might
need 1000. 1t all depends on the spe-
cific matter set forth. Therefore we
IT, a G
particular instances of irregularity.
No Actual Fraud Alleged
..Now, it is true that we have not al
legged any actual fraud in this case"
said Attorney Hiatt, "but think OPP
posing counsel takes broader inter-
probation of that fact than I do. I do
believe, however, we have shown an
opportunity for the voters to express
a fair and impartial opinion was not
granted"
sIf such IS the case we would like
particulars" answered Wilson, but the
particulars were not forthcoming.
Judge Bledsoe sought throughout to
clarity the disputed technical points or
matter into the facts surrounding the
election. Throughout 1t was evident
the alleged illegality of the high school
district and not, as was first stated
when the movement was begun by
what are characterized by Attorney
Scott as ''pernicious and sinister in
fiuences," the alleged improper manner
of conducting the election is the main
stay of the case for the plaintiff.
with brief discussion of a few new
points, introduced by Hiatt, Attorney
Wilson colsed the arguments, and In
taking the case under advisement
Judge Bledsoe made significant state
ment regarding the chief point of at
tack on the election-the status of the
high school district of Los Angeles.
"The general rule is, think, that
the state is the only one to question
the legality of the high school district.
although, of course, suppose there are
possible exceptions to that"
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Earth Settles at Gatun