The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1914-02-25
OUSTED TRUSTEES
RESTORED TO BOARD
Decision May Affect Mrs. Ella
Flagg Young's Position as
School Superintendent.
FOUR VOTED AGAINST HER
Mayor Then Accepted "Resigna-
tons" and New Members Re
Elected Woman Educator.
Especial to The Tlmos-pispatch.l ]


Chicago. February 24.--The four
school board members whose "resigna-
tions" wero accepted by Mayor Harri-
sen at the time OF the row over the
election OF John D. Shoop to succeed
Mrs. Ella Flagg Young rs superin-
tendent OF schools last December. were
declared entitled to their seats by
Superior Judge Foe!l to-day.
The mon are Henry w. Huffman,
Charles o. Sethness. John C. Harding
and James b. Dibelka. They were
ousted In December after Mrs. Young
had been dropped as superintendent.
The city's demurrer to the quo war
ranto proceedings. filed by the ousted
trustees, was overruled by Judge Foell,
who found that the Mayor. in accepting
designations from the trustees at the
time OF their appointment. was acting
against public policy and, In effect. de-
priving them OF the independence OF
action contemplated In the law.
The ousted men say they Will take
their seats nt tho next meeting OF the
board. Colin c. Fl. Fyffe. attorney for
tho four. said he believed. without
having looked up the law in the case.
that the latest election OF Mrs. Young
Is invalidated. She was elected by the
votes Of the four new men-John w
Eckhart, John a. Metz. Joseph a. Hol
puch and Axcl a. Strom. It is uncer-
tain what effect the ruling will have
upon John d Shoop. who was elected
superintendent by tho old board. Mr..
Shoop accepted his position Of first
assistant superintendent following his
dismissal from tn. higher position by
the new board. 1t may be, II is said.
TINT this acceptance Will invalidate his
election as superintendent, thus Leaving,
tho place open.
City May Appeal.
The city may appeal the case. how
ever. Assistant Corporation Counsel
Leon HOrnsley asked that the Judgment
be not entered until o'clock to-mor-
row afternoon so that he may have an
opportunity to consult with Corpora
ton Counsel sexton in regard to what
action the city Will take. The city has
until Saturday to appeal but unless
the case is appealed Immediately the
men will take their seats on Friday,
at the meeting of the Buildings and
Grounds Committee, of which they all
previously were members. II the ap-
peal is taken TO morrow, however, they
probably Will have to content them
selves with a paper victory. Their
terms run out in July. and the Supreme
Court cannot settle the case by that
time.
Judge Foell interrupted the hearing
of the closing arguments OF the vote
fraud case 10 give his decision He
based his ruling principally on the pre-
cedent established by the ilealy case,
when former Mayor Busse tried to re-
move several trustees.
The two principal points on which
Judge Focll ruled were:
That the Supreme Court has held
that the Mayor is given only the power
to appoint members OF the school board,
not to remove.
That he cannot do Indirectly what he
I Is not given direct power to do, and
the holding OF designations over the
heads OF his appointees virtually gives
him tho power of removal.
Mrs, Ella Flngg Young. who Is at the
Jefferson Hotel, refused last night to
seo reporters. Through her secretary.
she announced that she had nothing to
say. Mr.. Shoop. who was expected at
the educational conveution, was not
registered at any Of the hotels.