Show NO CHANCE TO milk I 1 U HOG CONTROL bast la st week the I 1 milford paper had a big black head line like this east end of county again hogs control of school board after court fight sounds good it wonder i what the milford editor would have lone done or what the ones who inspired the article would have lone done A little history of this matter might give the people of thel county a little insight into just what happened A way back in 1916 1915 the board of county commissioners then made up of wm win low of deaver beaver J L griffiths of frisco and D R mcknight of minersville Miners ville passed an ordinance and had bad ii printed according to law making deaver beaver county a school district of the first class and divided it into tiye five representative school precincts and appointed a school board member from each precinct such member to hold office until his successor should be elected and qualified later on a law was passed making it ii the duty of the county commissioners i s to redistrict the school dis tract brict in 1921 and every five years thereafter however the commis in that year 1821 arrington of milford burke of minersville Miners ville and thompson of beaver with wa C T woodbury of milford as county at torney evidently being satisfied with tho precincts as they were then ihen co constituted n parsed no redistricting ordinance di nance the time for redistricting in fm october ia 1926 26 came around and the ilie board of county commissioners then composed of levi of milford eyre of minersville Miners ville and harris of apay beaver er attempted to redistrict the school district A resolution was prepared and it was submitted to the meeting of the board on oct 6 5 1926 defining d efin ing the boundaries of the new districts or precincts this was done without submitting the resolution to W F ipox the county attorney for his approval or advise harris presided as cli chairman airman of the board levi acted as clerk of the board and took down the proceedings the resolution was introduced by eyre and levi moved that it be adopted and j that is as far as the minutes kept saby by levi went no record of its hav aing ing been passed was made although leal levi and eyre insisted that it was voted on and carried on november liar ara the board of education I 1 met in regular session and the usual c call ill fori for the election was made according to the precinct a as provided provi qed by theor dirance cli nance of 1915 above referred to on november ath the county commissioners met in regular session and the minutes es of the meeting of october ath were read and corrected to read that the resolution was voted on and passed on november fth a copy of the resolution was served on the school board on november tho the board of education not having proceeded to amend its call for election according to the resolution mandamus proceedings ce were begun by bert of Ail milford lford sam cline acting as I 1 his attorney judge burton set sef the e day of hearing on Nover november hber 18 and instructed that the defendants the school board be given 6 5 days notice four members were given personal service november 12 by a deputy sheriff sherif f who forgot to write his name on the summons and the ae date mr barton president of the school board not being at home when the officers called he be took the summons bk to milford mildora Mil fora where it was mailed on november and received by mr barton november 15 the school board feeling that the resolution was illegal and able employed 0 A murdock and abe murdock to appear for them in the matter when the matter came before the district court judge judg T H burton presiding council for defendants enc end ants lants submitted a motion to quash service of process and a demurrer the demurrer was argued at length by attorneys for the school board mr cline for the plaintiff was to bi be heard at the evening session however just as the court was to recess for the evening meal mr cline came into court and advised the court that he thought that the demurrer should be sustained upon at least one ground to wit that part of the county consisting of the whole of range 9 had been left out by the resolution in other words if an election were to be hold held according to the resolution voters living in range 9 would not be able to vote the court thereupon sustained the demurrer and 60 days were granted within which to amend the following irregularities were pointed out to the court by attorneys for the school board 1 notice of service was not long enough before the hearing 2 attempted service by deputy sheriff was not in accordance with law 3 the county commissioners could not repeal or amend the ordinance of 1915 by it a mere so called resolution 4 cheso the so called resolution was without force because it did not provide for the entire county but left range 9 entirely out of any voting precinct 6 5 the plaintiff in his petition or affidavit fi did not state sufficient facts to give the court jurisdiction now in view of the above how would the milford editor have proceeded we desire desira to io congratulate the attorneys for the school board for thear their comprehensive and convincing argument put before the court and also to comment the attorney for the plaintiff foghis for his good sportsmanship in after listening to the arguments of council for the defence and having his hia attention called to some of the defects in the resolution lie very gracefully admitted that he was beat and that the demurrer be sustained next at week we will have something to sayin say in regard to the assessed valuation and the school po population ion |