Los Angeles herald., 1909-03-26
IMPUGN MOTIVES
FOR ATTACK ON
SCHOOL BONDS
DECISIONS AND OPINIONS ON
BOTH SIDES QUOTED
ACTION HAS FOR ITS BASIS
THREE ALLEGED DEFECTS
Court Expresses Itself as Impressed
with Fact That Voters Were In
Doubt as to What They
Were Doing

The opening guns were fired yester-
day IN the proceedings brought py AT
torneys William M. Hiatt and EDWARD
III. Selby on behalf of T. J. Spencer u
taxpayer. who has filed an ln9unctlot
seeking to restrain the board OF super
visers from accepting or receiving plus
for the school bonds recently Voteo 70
the amount of $4,000. Following the
preliminary skirmish of the forenoon
whole broadsides of argument We're
delivered by both sides during tho
afternoon, both the attorneys Tor the
plaintiff and those representing the
board of education and the city nav
ing an opportunity to present argu-
ments. The case is being heard pc
fore Judge Bledsoe of San Bernardiiio
county, acting for Judge Hutton, IN
department seven of the superior court
Scarcely had the mornings proceed
ings begun when Attorney Joseph
Scott, president of the city board OF
education, who represented the school
board injected a shower OF pyrotecn-
MICS into the proceedings. He lntl-
mated his belief that the influences
back of the movement which, II sue
cessful, will tend to delay and inter-
fere seriously with the cause OF edil-
cation in Los Angeles, are mercenary
and sinister, and that If all the facts
alleged by the complaint filed were
gone into in detail it would take three
months to hear the case.
At the outset Attorney Hiatt, Tor the
plaintiff, stated that his complaint ex-
pressly disclaimed any suggestion OF
fraud in the holding of the election
and said no attempt would be mace 10
establish any such line of proof.
Deputy District Attorney Hartley
Shaw, for the board of supervisors
and the county attorney, Emmett VII
son, for the city, and Joseph Scott Tor
the board of education, represented
the defendants in the action, while At
torney Hiatt was the sole representa-
tive of T. ]. Spencer, the plaintiff. his
law partner, Edward Selby, being ILL.,
Argues on Demurrer
| Following the reading Of the COM
plant and application for an inJunc-
! ton. the answer and demurrer, a re-
cess was taken until o'clock In the
afternoon, when argument on the &C.
murrer was begun by Mr.. Hiatt.
For two hours Mr.. Hiatt discussed
the points on which the action FOR the
restraining order are based. In the ab-
sence of his partner, he was given the
right of celebrating further MS state
ment of the case.
Carefully, point by point, Mr.. Hiatt
went over the grounds covered by the
complaint and attacked the LEGALITY
of the election, stating that, by the
loose way in which it had been con-
Quoted, and the lack of care exercised
hv the election officials, the election
laws had been violated. Three distinct
points of attack on the proceedings
leading to and resulting in the hoIding
of the bond elections were outlined Dy;
| first, that the election as invalid owing
4 to the improper methods of conducting
1 81.
been any formal proceedings for the
| formation of a high school district
! the board of education, as high
school board, had no authority to is
| sue a call for an election voting moneys
| for the high school district; ana tnird'
that the board of education as sucn
| and as a high school board, could not
legally call for two separate bond cleo
| tions on the same day, one for common
school and one for high school dis
| trict. 80
| on these three points, with numer-
Gus and intricate sub-topics, the at
tack on the bond election will be baseo,
but that it will be met with vigorous
and determined contest at every point
was made clear when Attorneys Shaw
and Wilson began their reply.
Attorney Hiatt neglected no oppor-
tunity of scoring against the election,
but was met at each turn by the OPP
posing attorneys. He attacked the
changes of polling places, the absence
of the great register from the polls
| and the conduct of the election ofncers,
which was referred to as careless and
loose. Hiatt quoted voluminous de-
cisions from opinions and cases. He
spoke at such length as to prove tnat
the contest will be fought out to the
most minute point. with the obJect OF
presenting all phases of the case pefore
the presiding judge.
In his reply Attorney Shaw dWelt at
length on the three main points made
by Hiatt He controverted the state
nent that the election was carried on
loosely, but in reply quoted decisions
showing that even in such cases Wnere
the matters had been only minor err
rors, with no allegation of fraud ana
no injurious results to the election
the court had held frequently tnat the
election was entirely valid.
Regarding the manner in which the
election was held" he said, "the prin-
cipal complaint seems to be that It
was in compliance with the general
election law and the provisions OF this
enactment were violated in such minor
matter as failure to provide sufficient
secrecy for voters, the moving of polls
and the use of the great register. While
we do not admit this, we emphasize
that the election was held under the
special school election provisions OF
the statutes" and Mr.. Shaw read from
them at great length.
In answering the attack on the legal
ity of the high school district for
which bonds were asked Mr.. Shaw
brought out by decisions and opinions
the fact that other high school dis
tricts had been formed without re-
gard to law and had issued bonds for
moneys to provide expenses, being rec
| ognized by the courts Thereafter as
being in operation.
Judge Bledsoe evinced decided in
terest in the bond election as related
to the present case, and this point
promises to be warmly contested. At
torney Wilson, also for the defense,
followed Shaw and argued at length
on the legality of the action. the
court stated that it was considerably
impressed with the fact that voters,
according to the framing of the ballot
had difficulty in telling just what they
were voting for and more decisions
and opinions on the ballot and its re-
ouirements were produced to cover
this point. Attorney Wilson had waded
through about one-ha'f of his Kolum-
inous argument when { was dSS-Aed to
adjourn for the after loon.
s'This is a matter Of great public
interest" said Judge Bledsoe, "and il
is entitled to precedence over all cases
now before the court. Realizing this
gentlemen, it seems advisable to set
tie the matter as speedily as possible
IT was decided to continue the case
/. ,,r4iI this afternoon at 1: 80 when At