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ness that would be created iu th« erection of said buildings.The selection of a location for n school house is clearly within the power of the board of school controllers and ia purely a mutter of discretion. It. is trne that in a clear case of the abase of such discretion the court has power to interfere, but the evidence must bo very clear and the abuao manifest. The anf.horit.ieB are uniform to the effect that the court will not interfere, “with the indiscreet exercise of a clearly granted discretion.” Where their power is admitted a merelyi- vi v ' — j—\ wpresumed to be informed with reference thereto. In the present cuss the election is only authorized upon cm tain conditions; it used not be, and iu the present mstuu.ee. was not beid at the time at which any other election was hold.The giving of notice to the electors interested is not, therefore, a mutter of farm, but is absolutely necessary in order that uu election may be beid nt all,(f we consent that the notice^ required m;iv be in part dispensed with, by the saino logic it may be entirely dispensed with, and that done by the few, which ought to be done by the many.Wcite it may bo' true that the light vote cast at tne election ref erred to was in no way duo to the want of notice, and tust as cun tended by the respondents, abundant actual notice was given to the electors, yet, where the law prohibits an immense of indebtedness, except by consent of tbo electors, and where that assent is to be obtained fit an election, of which uor.iee is to be given iu a particular way, such notice becomes a condition precedent, and it is incumbent upon the persons alleging the right to make such increase of indebtedness, to show that ill! the requirements of the Act of Assembly, relating thereto, have been complied with,11, howeyer, we concede that the t-k-c-tiou of ,Tuiy 1*2. l.iriST, authorized an iu-crease of the indebtedness of the district to the amount of §25,000, we are met by' the provisions of the tenth section of'Article IX. of the constitution, which provides that “any county, township, school district, or other mvmiei-: pinVity. incurring utiy indebtedness, shall at or before the time of 50 doing provide for the collection of au annual tax sufficient to pay the interest and also the principal thereof, within thirty years;” and with the provisions of tbo fourth section of the act of the *20tk of April, Is?i, providing that “Before any obligation or security is issued it shall be the duty of the principal officer or officers of such municipality or incorporated district to prepare ft statement showing the actual indebtedness of such district, the amount of the last proceeding assessed valuation of the taxable property therein, the amount of debt to be incurred, the form, number and date of maturity of the obligations to be issued therefor, and the amount of the annual taxes levied andassessed to pay tbe said indebtedness, andhe shall make au3 append thereto his oath or affirmation of the truth of the facts therein stated; and shall file the said statement ill the office of thv-g clerk of the court of quarter sessions of the proper county.It nowhere appears that the annual tax required by Section 10, of Article XX of the Coiisitjuii'in, has bvu provided f-.W-Thi* is required to be done at or before the incurring of the indebtedness. Nor has tbe r.tutesiiivut rlt; quiied bv tbe Act of the 20th of April, 1874. been Sled in theoffice of the clerk of court of quarter sessions. The language of tbe act. indicates that this statement is to be Sled before tbe debt is iucarri-d, and that the form, number and date of maturity of the obligations to be issued^ for such debt, be set forth, as well as the amount of tbe annual tax levied and assessed to pay the said debt.At the most but 523,000 of indebted*ness could be iucmrsd, but the absence of legal notice of the election of July12. 1-837, the orais-ion of the board of school controllers to levy the tax required; by the luth section of Article IX of the | Constitution, the fiuiure to tile the siate-[ meut required by the 4:h and 2d sectilt;m6 j of the Act of the 2'Jth of April, 18-74,! prevents the issuing of bonds to that j amount.Section 29, of the Act of Hay 8, 1854,! provides, tnai “for the pnrpc-e of en-: fifcling the board of directors or Cuutrei-i leis to ftsse-r. and apportion the tuxes for ! the ensuing school year, the county com-i tuir-ionem filial!, when required, furnish ■ tbe president or secretary of the board : witii a correct copy of the last adjusted valuation of all proper subject* and ' things made taxable io the state for state or county purpose*, which laid properunwise or ill-advised exercise of itiswithout legal remedy.The evidence does not satisfy me that there has been such a gross abuse of discretion in the selection of the O-ii-walladei site as will subject the board of school controllers to interference by the court. While it is true that the location selected is near the northern an western linos of the city, and a considerable distance from tho centre of population, and therefore objectionable to a large number of the taxpayers of the district, ft majority of the board of school controllers deameu it a suitable location, aud conceding all that has been said by the complainants, against the propriety of their uction, it. was at most an unwise exercise of discretion. The complainants have not shown that there is not a necessity for an increase of school accommodations in the district, nod an examination of the evidence makes it clear that a considerable increase is needed to properly accommodate the present attendance of pupils.The evidence does not sustain tbs allegation that the action of ike board of controllers wag produced in part by corrupt solicitation aud bribery. There probably was earnestness and inportucny in the discussion and canvass of the subject of ii locution for the building pro posed, but no fact is established showiug that any member of the school board was influenced by illegal motives in bisaction.We come, then, to the consideration of the objection that the proposed increase of the indebtedness of the district is illegal. The last adjusted valuation of said district was Si,397.392, and its existing indebtedness is §215,(180 87. This indebtedness is equal to about 2 per cent, of the assessed valuation of tbedistrict.Section 8. Article IX. of tne constitution, prohibits any county, city, borough, township, school district, or other municipality, or incorporated district, from incurring any new debt or increasing its indebtedness to an amount exceeding '2 per centum upon tbe assessed valuation ox proprtty, without the assent of the electors thereof obtained at a public election in such manner aa shall be providedby law.The proposed increase of indebtedness being in excess of 2 per cent, of the assessed valuation of property in the district is in violation of law, unless expressly authorized by the electors thereof, obtained at a public election held in the district.The respondents allege that an election was held on the 12th day of July, 1837, in accordance with law to obtain the assent of the electors of the district to an increase of the indebtedness to an amount of 825,000, for the purpose of raising funds with which to purchase lands aud erect thereon the new schoolbaiidinK. , . ,This election, if held as contended by the respondents, would authorize an increase of indebtedness to an amount of $25,000, and no more. The cost of the proposed new building, as staled in the affidavits of the board of school controllers, will amount to $35,OGuor $10,990. and as claimed by the complainants, to $50,1X10, The incurring *lt;f tbe indebtedness iu excess of §z5„(i00 would be in violation of law. and the* bonds or securities issued therefor, would be void.The complainants contend, however, that the election held cm the 12tli day of July, 1887, whs invalid for the reason that notice was not given as required by the Act of April! 6th, 1874. Beet ion 3 of (hat Act provides that “wh«n*v*r th*hoped to escape the clutches ot this Jivw.The G. A. II. National Encampment.The Nickel Plate railroad will run a special train through without change to Jlil wank.ee, Wis., leaving Erie Mow day, August 26. This train will consist of sleepers, palace day couches and a dining car, and will remain ou side track inMilwaukee in a convenient locality during tbo entire encampment. Comrades and tlieir friends will hove tbe privilege of occupying the coaches during their stay in Milwaukee free of charge. Take along 11 pillow and blanket and you will be sure of a place to sleep. Do not fail to go and witness the groat naval battle. The rate from Cleveland, O., has been fixed at $10 for the round trip, and a proportionately low rate from Erie and other points on this line. For farther information in regard to sleepers, time of leaving etc., apply to H. C. Allen, ticket agent. Erie, Pa. For the benefit of those who desire to remain and visit friends, a one-half rate has been secured on all western roads, tickets good fur ; thirty days. jSl-tfROBBHair Human and Hal! Boar.Nashville. Term./July 30.—A special to the American from Camden, Tcnn., gives tbe particulars of birth by a young white woman of a monstrosity half human aud half bear, tbe resemblance to the latter predominating. Tbe eyes are prominent and set far back in the crown of the head. A human nose in faint outline is seen in the centre o£ the head. A prominent snout projects 1 where the face should be, and from this a long tongue protrudes. The arms and legs are those of a human, but the feet ami bands are those of aw animal, except that the fingers and toes are perfectly those of ft man. The creature was still born.One MuStolen 1chant. IPitts fi *This town over ft vait burglars. IStright w blinds on from thui open. O’*' kitchen u in;' bolted failed to f* plunder h Ira Whit is successful by on Hit whew the’ iu cash, tered. A. ivy about it is thouj No arrest* iug pur Lie for trace in the loinThe splt; tiuties yt them aro French Sat 6c, i' 31.13, * gold cup, better qSilk Mill remuants •200 retc regular ; 75c, and (lays, ntA Lii jre Shoe Firm Fails.Bosto\ Mas?., July 30.—The failure of the boot and shoe firm of £. and H. A. Bachellor £ Co., Boston and North Brookfield, was announced this morning withliabilities of Si.000,000 and 'nominal assets of probably about the same amount. An assignment has been made for tbe benefit of creditors to Thomas E, Proctor and Robert BacbeUor of North Brookfield, and a meeting of creditors -will be called as soon as a definite statement of the firm's affairs can be prepared by the expert acconn hints now engaged in examining the books.Din Kakaai Drtimm, tie coma Son, hashim. T urdav thwtime, b Since th from.SpeciaNfcbrrisk;Minneaoaddress,3*25-1Tbe President Dined.Deep. Pap.e, Mq., July 30.—President Harrison whs given an informal dinner to-night by ex-Senator Davis. Covers were laid for eight persons. The guests were Cardinal Gibbons, Secretary Wiu* dom, Mr. Halford, Liet. Brown of the navy, 8. B. Elkins aud Maj. Nicholas Hill of Baltimore. It was the first time tbe President and the Cardinal have met.The President this evening Commuted the death sentence of Martin, the Arkansas murderer, whose papers he had iHcaDuce fall last for year streamsThousat:are sub: away.WnNebk/under consideration this rooming.Special low rata excursion to points | west will leave Erie t 2:10 p, :n., August 1 5. Write or cull onII. C. AtLEn,Excursion Agent, iv25-ll)t r«o, P**stealingincreasemofii ixj:a call to mittoe, yearn agGet rif possible giv*4 atr
Newspaper Details
Titusville Herald
Titusville, Pennsylvania, US
Wed, Jul 31, 1889
Page 3
Full Page
Clipped by
Carnegie L.
Pennsylvania, USA 03 Sep 2020
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