77 Mich. 194 | Mich. | 1889
In this case it is clear that, at the annual school meeting of district No. 3 of the township of Pinora, Lake county, held on the evening of September 3, 1888, John Speers was duly elected assessor, and Levi W. Ricker, moderator. This is shown by the official record of the meeting, made up and signed by Michael Derschell, director, and P. McLaughlin, moderator. These officers were elected to take the places of P. McLaughlin and John Lindner. The record also shows that, the same evening of the annual meeting, said Speers and Ricker wrote out their acceptances of the offices, and* handed the same to the moderator, McLaughlin, who either handed them to the director, Dersch'ell, or laid them on the table in front of them. When the director
It further appears from the record that Derschell, the day before (September 4), had written out his resignation of the office of director, and handed it to one of the old officers. Thereupon, and on September 5, 1888, McLaughlin and Lindner, claiming to hold over for the reason that their successors had not been duly elected and qualified, met and appointed Walter Armstrong director, in the place of Derschell. September 22, 1888, Armstrong, McLaughlin, and Lindner, claiming that they composed the legal school board of the district, met,, and hired DerschelFs daughter Anna for teacher of the school for the term of six months, at $30 per month. This probably furnishes the key to DerschelFs action, and the motive of it. September 11, 1888, Speers and Ricker,
We are asked to review these proceedings on writ of certiorari sued out by said Armstrong. We have done so. We are satisfied that Bicker and Speers were duly elected at the annual school meeting, by a majority'of the qualified electors of the district present and voting, moderator and assessor, respectively, of said district. We are also further satisfied that they were prevented from filing their acceptances, and otherwise qualifying, by a conspiracy between the old officers, McLaughlin, Lindner, and Der.schell. This conspiracy was for personal ends; one of the objects being to keep McLaughlin and Lindner in, that they might employ Derschell’s daughter as teacher. Derschell’s resignation was for the express purpose of preventing Bicker and Speers from qualifying. Bicker and Speers each did all in his power to qualify. Duly-elected school officers cannot be prevented from holding the
It is substantially admitted by the counsel for the respondent, Armstrong, that Ricker was duly elected; and the record of the meeting, made up by the old officers, shows that Speers received 18 votes to 16 for Lindner, for assessor. But it is claimed that the ballot was an informal ope. The record so shows; but it also appears that a motion that Speers be considered elected upon that ballot was carried, and, withoxrt any question as to his election, the meeting then proceeded to vote for moderator. ¥e think he was fairly elected, and that, after the tender of their acceptances and bonds were made to Derschell, Ricker was the lawful moderator, and. Speers the legal assessor, of this school-district.
This ends the controversy as to who is the director. Culver, being appointed by the legal school board, was the director, and entitled to the books and papers at the-time of his demand for the same.
We shall not look further into the proceedings before Judge Judkins to ascertain whether or not he erred in some matters as to the admission or rejection of testimony. If he did err as claimed, it did not, and could not, affect the merits of the controversy or the result. It is perfectly plain that his order was just, and the only-one that could have been made under the facts as shown by the testimony on both sides.
Nor do we think that Culver made a mistake in his remedy. We think the proceedings taken under the
The action of the old school officers was unjustifiable, and without any excuse. We think the circuit judge was none too severe in his strictures upon their conduct. His order in the premises is affirmed.
The writ of certiorari will be dismissed, with the costs of this Court, and of the proceedings before the circuit judge, against the respondent, Armstrong. '