Show the castle dale school board without authority to trade properties the only important matter disposed 0 on monday in the district was that of the suit instituted by 3 W seely and several other citizens 0 tho to of Cast ledale to restrain res triin the board 0 school trustees from performing any further work upon the new castledine Castl edile school house the matter has been much d in ever place 1 ut the newspaper and its airing before the court wis expected to put the i in possession of the bare facts minus the curbstone gossip in some respects th trial revealed one or more sensational facts and the evidence adduced clearly shows that no creditable record has been won bv any one directly connected with the management of the school affairs of this city tor the two airs the worst of the whole affair seems to be that the real e has just corn merced and the best thing that no v needs to be done is to get out of the mess with as little legal squabble an court intervention as possible ahe case occupied all of afternoon atter noon soren X ap paired for complaining citizens and james H moyle for adderson Au derson john peterson and samuel larsen the trustees mr anderson who sometime ago res ened as trustee wag not present although his appearance was very much desired by the attorney tor the corn mr chistensen s main effort was di reeled to securing the admission as evi dence the ballots cast at a special school election held september 13 1900 called for the purpose of acting upon the prop position to trade the old school building aad school site tor i ne v school sito one block further north and upon the re suit of which the trustees based their authority tor subsequently negotiating such deal and bedini ing the erection of a new school building the attorney s object to secure the admission of thebe ballots in the evidence as that their form considered ambiguous might ap pear in the record and become an im item should the else reach the court mr movie hotly con tested the introduction of tho ballots which were soiled in an envelope and marked as the ballots cast at said elec tion la the handwriting of ander sen mr mole contended that the bial lots were not properly identified and peterson aid karaen wore put on the stan t to identify them but fled that they were not certain that these were the ballots so cast ottosen and J W seely however testified that the ballots were identical with those cast and mr ottosen didenti fled several that had been written by himself judge johnson finally admit ted the ballots as evidence and upon opening the package and canvassing the votes in open court found that there were 20 votes cist for the exchange and 20 against with one bal ot marked both no and es the minute book of the board showed that there were 1 for ind 19 against with the I 1 allot the announce i t 3 li it anent of judge johnsons John sous candiss ere abed a sensation and mr moyle renewed his motion to strike out all evidence in connection with the introduction of the ballots bit ft is overruled and took an exception then the point of whit constituted a removal of the school house was argued by the contending counsel the statutes declaring that before a removal of any school house shall occur it must be sanctioned by a vote of the citizens mr movie insisted that the abandonment of the old school and the erection of i new one a block further an ay did not constitute a re boval moval then the matter of tho result of a school meeting held itter the corn the present suit to ratify the action of the trustees in of the property wherein it was sho anat the trustees were sustained bv a large majority was discussed on this propos tion and the matter of removal judge johnson s id I 1 am satisfied from the evidence div ing it the most favorable construction possible that no authority has been shown for the removal of this school building or exchinger in the first place even with a majority vote and I 1 enter tain senous doubts as to whether there was a majoria majo rit vote for the ballots is the are given to the court come in the possession of the custodian who received them from hi and upon cupful invest gation and animation I 1 find at least that there a e even ballots there being 20 nas ind 20 yea and ballot votes both waa and does not count so I 1 think that even on a question of majority there would be no authority tor the of this business I 1 am however of the further op pion that before the old school house could bo abandoned and another one con strutted ted on a ne v site to be acquire 1 in exchange for the old s te that that amounts to a removal of the school un co tl TRUSTEES ENJOINED co tl el f on I 1 der the st tl t s ml bulj keiu e a a tu ij i ty vote tie best that has been made 13 that there vere 21 lotta fo ud 19 tibt vh eh does not ite i t th ads lote 11 filoi of there iov 1 I 1 of the op n 01 tant th i vas i removal that it d d not receive the brincton of tie botera it the elect i held for it it p u no gett n the to the trustees trust ebS ere without an onty hate vei t en force or to anke iv cl inge or do th n th to tt e matter of course I 1 m t ot n if 1 of the amount of ma m a that div have 1 eel expel ded ID 1 I 1 am not adful either of the good f th a the I 1 m ill n to I 1 el evo thit they acted in perfect foo 1 f ith 11 tie nutter b it their R od faith latent s cannot mile in il 1 I act 1 gt or when a meeting 0 tho citizen s after ird at t opts to the act it s mere s hi ne s to thit 10 act gin be mi la leal by rat 8 on an can ot be i at fled bcd mide begil A i t bration of in illegia act docs not tha ge it ird mke it legal ane i of UP trute ej is 1 cited and are within tho e lim its and the seiti t aro con agnost then being construed iam st them hive t a ble the have not I 1 en author zed 1 nav theor of la i Icino alj coas hit ins ind ahat his not been done ind my on is thit there asi i such v te as the stat its leonires Leou ires for taking such action aly the action as alleg 1 for 11 t re son tho plaintiffs will bo e i titled to recover mr moi ie asked foi and 60 dais n to 10 lo b 11 of except ons an 1 i e i ot ce c e of in appell ahe school affairs of castledine Castl edile nov ns they atoo 1 prior to S pt 13 1900 nl 11 ct on of the tru au ier tain ng to ha tl ast r of tl old chool house ind u te is ran alered vo d by the late dec sion of ju IB johnson aho trustees and their bondsmen Londs men re 1 able for all expended in the construe tion t the of the new school houshi i on ban 1 etc |