Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1911-09-07
THE OLD School
BOARD IN POWER
POE'S DECISION ON AGREED
FACTS RECEIVED YESTERDAY.
DOWNINC SUPERINTENDENT
Act of Last March Unconstitutional
Late Election Inyalid--l'nli Text
of Courts Opinion.

o'elCck, with superintendent X. T..
Downing at the head Of the school
system. and the old school board In
power. This was made possible by
the decision Of District Judge l.. NJ
Poe in the school board fight, yes
terday, when the court handed down
his opinion, holding that the old
board was the only legal school board,
and that the new board, the one cleo
ted on August Is, had not legal stand
ing.
The decision of the court was re-
ceivcd by mail from Pawnee, where
Judge Poe is holding court, at noon
yesterday. At 2 o'clock in tho after
noon. Clerk OF the District Court
Stuckey read the decision IN the open
court, this ending. at least until
decision can be had from the state
Supreme Court on the matter, the
long strife that has threatened to de-
stroy the very existence of a school
system In Tulsa
The court found that the act OF
March 2S, 1910, under which the or
dlnance calling for a school board
election on August Is, was adopted.
was unconstitutional for the reason
that ii Is an unconstitutional delega-
tion of legislative powers.
The court also held that the cleo
tion on August Is, was invalid for the
reason that It did not confirm with
the general election laws of the state.
These We're the only two points
passed on by the court. although a
number of either points were brought
out in the arguments. In closing his
opinion, the court says:
Having arrived at this conclusion
1t will he unnecessary for me to
pass upon the other question involved
In the case"
The decision was received very
quietly by both contesting parties, and
neither would make much comment.
The new board will live up to Its
agreement to abide by the decision or
Judge Poe until an opinion on a pos
sible appeal can be had from the state
Supreme Court.
Immediately on hearing the decis-
lon, work at the High School build
Ing in preparation for the opening of
the schools on next Monday began
with rush. Practically all of
teachers have been assigned, and
when the bells ring at o'clock Mon
day morning, the schools will start
off with the matter Of which super
intendent and which school board
shall direct the work, a matter OF
history.
Whether an appeal will be taken
from the decision of Judge Poe by the
new board is not yet definitely de-
cided. The fact that an election will
be held next spring, probably before
an opinion could be had from the Su-
preme Court at which time a new
SCHOOL board will be elected, makes it
appear rather doubtful that an appeal
will be taken. The matter can best
be settled at an election next spring,
when the people will have a chance
to voice their selection of a school
board.
The school board held meeting last
night, at which time essential details
were gone over regarding the opening
of the schools. At the meeting OF the
board last Monday night, S. w. Marr
stated that the sanitary condition of
some of the schools was not SUCH that
school should be opened but during
this week this matter will be corrected
and by Monday morning all will be in
Readiness.
The following is the opinion Of
Judge Poe in full:
Opinion upon agreed statement or
facts.
In the above entitled case upon the
agreed statement of facts submitted
for my consideration, after a careful
Investigation of all the authorities
bearing upon the subject submitted by
counsel, | have arrived at the follow
ing conclusion as to the law of this
case:
First That the act OF March 2S,
1910, under which the ordinance was
adopted. providing for the election of
the petitioners in unconstitutional for
the reason that 1t is an unconstltu-
tional delegation Of legislative power.
Second That 1t is class legislation.
Third. That 1t is local legislation.
Fourth. That 1t attempts to amend
the organic law of the city of Tulsa
in a manner contrary to the consu-
tuition.
J. Furthermore. find that II I should
be In error as to the constitutionality
Of this law, that the ordinance under
which the plaintiffs were elected Is
void for the reason that 1t does not
conform to the general laws Of the
state governing the election Of school
directors IN school districts Of the cit
les of the state, but fixes different
number Of directors. different time
for their election and a different man.
ner of election from that fixed by the
general laws OF the state.
I. therefore hold that the defen-
dants are the duly qualified and act