The record. [volume] (St. Maries, Idaho) 1913-1918, 1915-07-30
No Decision In
MdndamuS Case
DEMURRER TO PETITION IS FILED
Arguments Are Made and Briefs Filed JUDGE
Reserves Decision

Thursday at two o'clock was the
time set in the petition for the
hearing of the mandamus pro-
ccedings brought by Prof. e. II.
Buck to compel the board of ed
ucation of this school district to
rcinstate him as superintendent
of the city schools and Judge r.
n. Dunn came up from Occur d.
Alenc To hear the case.
When the case was called w.
ID. Keelen, attorney for the de-
PENDANTS, filed a demurrer to the
petition ON the grounds that the
petition did not state facts sur
icient to constitute cause of
action and that the plaintin, f. H..
Buck, has plain, speedy, and
adequate remedy i'm the ordinary
course of law. The defendant
demurred specially To the petition
ON the further grounds that the
petition does not allege or show
any salary that the petitioner Is
entitled to; that the petition does
not show or allege any Office or
position that the petitioner is en-
titled to at any time, or that he is
kept out of any Office; that it does
J not state, allege, or show that any
person is filing any position or
Office that the petitioner is en-
titled to-; and that if there is any
person filling any Office or posi-
ton that he, Buck, is entitled to,
said person is not made a party
Ito the action.
The petition is also demurred
to ON the grounds that it shows
ON its face a discretion with the
board of education 20 fix the sal
airy of the relator and that no
where does il allege the fixing oI
said salary. That there is &
non-ioinder of parties TO the ac-
tion and that the state of Idaho
and the person filing the posi-
tion of superintendent of schools
should have been made party de-
PENDANTS.
In his argument before the
court Mr.. Keeton laid particular
stress upon the fact that the al
legged contract, a copy of which
was attached to and made a part
of the petition, fixed the salary
for the school year of i9li-i9tF
and did not fix the salary for the
remaining two years that it was
supposed to run but eXpressl,
stipulated that the salary for Tho
/ second year should be fixed by Tho
board at the time other salaries
of teachers were fixed.
Mr.. Keeton argued that Will
it might have been n good contrac
for the first year, as the salar,
was not fixed it was only "A con
tract for the other two years pro
viding the parties could agree ol
the salary and as they had not s.
agreed there was no solid con
, tract. He also laid great stres
ON the fact that Mr.. Buck had
remedy at law by an action fo
, damages i'm case there was a vail
contract and he had suffered dam
y ages by its breach.
5 The oral arguments of Tn
q counsel occupied the attention O
the court until five o'clock and a
their conslusion Attorney Keeto
] field his brief with the cour
y Taylor & HUI, for Mr. Buck, ask
r. ed for time until the next morn
l ing To file their brief, which wa
. granted. The judge had hope
+ TO be able To give his decision i
4 the matter before he left fC
Coeur d'Alene today but was un
able to do so and it was about to
Q o'clock when Taylor q Hull's bri'
. was filed. This was a vOlumniou
;. instrument and the Judge did ne
P, have time to examine it close
land To look mp the authorities r'
{ fered TO before the boat was
n start and will announce his d.
v cision ON the demurrer at a lat
date.