The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-10-13
TOHIRE A LAWYER.
Board of Education Will Find
Out Where 1t Stands.
Right of Members to Buy From
Themselves to Be Tested.
ALL WANT TO KNOW
Only Way to Ascertain il Law
Is Being Violated.
No Opposition to This Action at
Board Meeting.
LII WANT TO KNOW

With just a quorum of the school
board present a motion was unani-
mously passed at a special meeting held
Wednesday at o'clock authorizing
President S. A. Swendson to employ
legal advice to protect the interests of
the board in the pending suit which
has been brought against the board
through the president by Spencer &
Keesee on account of the refusal of
Swendson to sign the warrant for the
payment of a bill which was allowed
by the board on a six to five vote.
All members of the board were noti-
fled of the meeting, but it CHANGED that
the majority of regulars were out
Of town. Thus after winning over Mrs.
G. J. Evans to their way of thinking in
respect to the employment of legal ad-
vice the Insurgents had things all
their own way.
c. K. Holiday started the discus
sion. 1.-The main point at ISSUE" said
he. sis that the board is now up
against lawsuit. 1t was voted to al
low certain bills by a six to five vote
Not a majority Of the board-and On
the strength Of the opinion of the at
torney general President Swendson has
refused to sign the Spencer & Keesee,
Gillette & Nicholson and NJ. Council
bills.
Spencer filed suit against the board
through its president with the object
of compelling the latter to sign the
warrant, and I think the board should
hire an attorney"
Hire an Attorney.
The speaker then made a motion 20
the effect that legal advice be procured.
Smith: I'VE do not feel as though we
should throw our president up against
stone wall. We should employ an
attorney"
Mrs. Evans: "I hardly know whether
1t is proper to take this matter up
when there are so few of the members
of the board present, especially as the
vote was so close last week.
Holiday: 81 don't believe that any
of the gentlemen who have been hav-
ing contracts with the board want to
continue doing anything that is wrong
morally or any other way. I believe
that if Judge Carver and Mr.. Gleed
were here they would vote to have
the question go into court for settle
ment.
1.-The question has to be definitely
settled or else we will be voting on bills
of this character at every meeting.
We would all be able to know where
we stand"
Smith: st believe that every just
bill should be paid. I believe eventual
ly that these bills will be paid, but
not by six to five vote. I've been
told by DIR. MCGEE that he would
vote against them at another meeting.
Lets clean the slate, but not with a
dirty rag. 1t must be settled in the
courts. Now where are We? We are
indulging in little child's play. If the
passing of the bills is right let's find
it out.
at don't believe Mr.. Cuthbert would
put a stone in any of our buildings
that ought not to go there, but it is the
might take our eyebrows off by this
manner of skinning US.
Kutz: "Mr. Smith has expressed my
views of the matter"
LindeIl: 1--WE not only want to pro-
tect ourselves, but we want the ques-
ton settled. 1 believe the motion
should prevail"
Mrs. Evans-It seems to me that if
the board went on record as favoring
the payment of the bills, it isn't now
in the province of the board to even
discuss the question. I still feel that
such an important matter should
come before the full board
Has jackson Reversed Himself.
"I understand that the attorney
general told Judge Carver that the
opinion read at the last meeting WASN'T
his and has written statement to the
effect that the bills were legal"
THAT must have been some kind
of a JOKE" remarked Mr.. Holiday
later.
HoIliday-If the bills are legal, we
want them TO nave In0lT I1OnSy, II
not, we don't want them to have It,
In the vote, Mrs. Evans was with
the insurgents taking the ground
that the question had better be set
! tied as soon as possible.
The following is the motion as TAX
en- from the report of the clerk of the
| board:
"On motion of Mr. Holiday, the
president was authorized to procure
legal advice and such counsel as may
be necessary to protect the interest:
of this board in the matter of Spen-
Ger & Keesee and others in any &C
ton now commenced or to be com
menced against him as president o,
! this board on account of his refusa
to place his signature to warrants il
payment of their respective claim OF
claims against the board, and any ex
pense already incurred in this be
half be and the same is hereby ap
proved. The motion was adopted b!
| the following vote: Yeas-Kutz
Smith, Holiday, Mrs. Evans, Lindell
Huston and Speaker Swendson; nays
none