The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1925-12-25
RULES
FOR SCHOOLS
Continued From Page y


Continued From Page y
& Son, the remaining architect, will
be executed this afternoon.
The school buildings, contained in
the building program of the board
for 1885, are: Schools 9, Vermont
and Davidson SITS; IA, 1929 e. Ohio
ST.; SO. Sterling and Eleventh SITS:
I37, Twenty st. and Belmont
Ave; AZ, Twenty-Fifth and RAIDER
SITS, and 70. Troy Ave. and Carson
Street.
First Meeting Jan. 10.
The new board members, Charles
w. Kern, Mrs. Lillian Sedwick and
Theodore Vonnegut, win take office,
Jan. 1. Vonnegut announced that
the first regular meeting Of the
board will be held about Jan. 10.
Fat which time, the boards president.
attorney and committee heads, will
be officially elected
Judge Givan's ruling pointed out
that the issues, whether the con.
tracts were authorized at such a
time that no funds were available for
their payment, and whether the rule
of the board to which compliance
was necessary, were the outstanding
Issues at stake.
Judge Givan ruled negative in
each instance.
The Ruling
The court Ia it's ruling declared
that lat the regular meeting of the
board Dec. the architects were
chosen as alleged in the complaint
but even taking the view that the
matter could not be passed on at the
first meeting at which it was brought
up, but mus tlay over until the next
regular meeting. the could would
have to hold that in view of the rec
ord introduced, that on the regular
meeting Nov. "a. by unanimous
action Of the board. 1t was decided
to choose the architects and adopt
the contracts at the next regular
meeting pof the board, and that the
next regular meeting was Dec. 8.
Therefore, if the above mentioned
rule was in full force and effect the
court must hold that such rule was
compiled with, as the rule does not
prescribe any particular method OF
presenting the said proposition.
The rule referred to by Judge
Givan is the one cited in the com
plant by Wark in which it is said a
resolution for the selection of archi-
tects can not be presented and adopt
ed at one meeting, but must lay
over until the succeeding meeting
No Objection
The courts ruling did not oppose
the manner in which the school
Loards budget was proposed aad
adopted.
The ruling of Judge Givan closed
as follows: THE court is therefore
forced to the conclusion that the
plaintiff has not proved single one
of the essential allegations of his
complaint for obtaining an njunc-
ton. and there is no evidence show
ing that the plaintiff will be able on
any final hearing or further hearing
of this action, to establish that the
action of the board on Dec. was
unlawful or void, for which reason
the petition for a temporary injunc-
ton is denied and the temporary re-
straining order is dissolved.
t0Io aff
school board in his closing argyll
ments before Judge Givan Thursday
afternoon asserted that the boards
budget for 1926, which includes
the school building program, was
outlined, proposed and adopted in
legal and business-lille manner.
Daniels said the board members
agreed to make this
move at the meeting Nov. "a.
Wark also alleged rules of the
school board did not permit such
move to be made and that 1t was
illegal. Daniels said that the rule
manual in which this rule was
quoted was one placed into effect In
1898 and that since that time several
different rule manuals had been
adopted and none of them contained
any order about the selection Of
architects.
No Such Rule
I'VE contend, and believe we have
shown, there is no such rule. - Dan
iels told the court 'Tf there was
one, the evidence has brought out
the fact that the rule was complied
with"
Daniels also pointed out that he
believed Wark filed the petition on
the theory of preventing the archi-
tects already selected from doing the
work.
This. however. can't stop certain
parts of the building program, which
will go on" he said.
Garvin argued that last fall the
board paid architects per cent on
the total contract cost of the build
ing for drawing the plans.
"On these six BUILDINGS the hoard