The Bluffton news. [volume] (Bluffton, Ohio) 1875-current, 1939-08-10
Order Transfer In
Orange Case
CONTINUED from page u

A. Guernsey. Speclncallys the writ
reads as follows:
"And it is ordered that the said
Hancock county Board of Education
do Immediately upon service of this
writ, expunge from its records by
proper legislation the acts entered on
its journal under date of April 20 and
May 27, 1898; and take all necessary
steps and proceedings under section
1896 of the General Code of the State
of Ohio to make and or complete the
transfer of the territory described in
the petition herein; or that at the
time and place of return of this writ
said Hancock County Board of Educa-
tion show cause by answer herein why
it has not done So"
Filed Last Wednesday
The petition was filed in the court
of appeals last Wednesday, August 2,
by A. G. Fuller, Findlay attorney,
representing Anderson and others.
The alternate writ of mandamus was
issued under date of Aug. 4.
Anderson and others, claiming to
represent more than rs percent of the
electors of the area contiguous to
Bluffton district, petitioned the board
to be transferred to Bluffton, March
%, 1888.
On April 16, 1893, the county board
voted 3 to 2 to make the transfer, but
four days later, on April 20, voted to
reconsider and rescind that action.
On May 27, 1898, the county board
by resolution set up four salient
points on which it was held that such
transfer, in effect, was not for the
best interests of the schools involved.
Plaintiffs in the action instituted
last week include Jesse E. Anderson,
William A. Beagle, Samuel F. AM
stutz, Harry ID. Anderson and Amos
Z. Klingler.
The territory involved is now part
of the Union township (Mt. Cory)
school district, but dissatisfaction has
been openly voiced since the assign
ment was made by the county board
three years ago, and the battle to be
transferred to the Bluffton area has
been waged continually since that
time.
Involved in the Anderson petition
is a territory of 1913 square miles
described in the court action as fol
lows: All of sections 6, and 18; the
east half of section 10; the northeast
quarter of section 30, the northwest
quarter of section %; the west half
of section 20; the west half of section
IT; the west half of section g.; the
south half of the southwest quarter OF
section 5.
Counsel Has Experience
A. G. Fuller, Findlay attorney, is
representing the Orange township
group in their new move to force
transfer to Button. Fuller success
. fully carried the Marion township
case, which is claimed similar, thrr
the Ohio court of appeals and the
Ohio supreme court to a decision fol
petitioners who wished to send their
children to school in Findlay against
the wishes of the Hancock county
school board.
i Orange township electors based
their claim for mandamus action or
a petition fled with the Hacock
county board March %, 1888, or
which they assert negative action fin.
ally taken by the board, after revers.
ing itsef, was illegal.
The court is asked to compel the
county board ito take the necessary
steps and proceedings under section
| 1896 of Ohio laws to complete saio
transfer of territory Ito Bluffton dis.
trict) prior to the fall term of schooi
in the year of 1885,"
Claim Sufficient Signers
The court action relates in detail
| that the petition filed with the county
board of education on March 28, 1885
contained the signatures of 103 of the
125 qualified electors in the affected
territory, which was more than rs
percent required to make action man.
datory on on the part of the county
board under terms of section 1896
At the same time, the relators say, q
map of the proposed territory trans.
| fer was filed with the Hancock county
auditor.
| The county board met April Is
1888 and by 3-2 ballot voted to ac.
cept the Anderson petition and that
the territory described in the Ander-
son petition be transferred to Blufftor
exempted district" On roll call the