4-7-1925 LN
Formation of New District is Opposed
Argument against the proposed school
district, petitioned for by Rev. Father J. S. Arnoldi, of Ottoville, was voiced
by 100 residents of the territory to compose the new district, Tuesday, before
the county board of education. The district, as outlined, will include protions
of Jackson and Jennings-tps and all of Monterey-tp.
Farmers were opposed to creation of
the new district by the board on grounds that taxes would be higher and they
were in favor of continuance of the “little red school house.”
The board may meet Tuesday afternoon
to consider the proposition, after hearing arguments.
4-27-1925 LN
Ottoville School District Created
Creation of the district of
Ottoville schools has been made by the county board of education. The district
was not created as petitioned for by Rev. Father J. S. Arnoldi, pastor of
Immaculate Conception church, Ottoville, but included parts of Jackson and all
of Monerey-tp.
Heretofore Monterey-tp and Ottoville
schools were operated separately. Work upon the erection of the school building
soon will begin. Land for the location has been purchased.
7-10-1925 LN
Board Creates School District at Ottoville
Petition Asking for New Division
Unsuccessfully Contested by Faction
Voters Are Counted
Construction of Building for Section is
Already Started by Petitions
Creation of the Ottoville school
district, as outlines in the petition submitted to the county board of
education some months ago, was approved, at a meeting of the board, called in a
special session at Ottawa.
The petition, seeking creation of
the district, was presented by Re. Father J. S. Arnoldi, pastor of Immaculate
Conception Roman Catholic Church at Ottoville.
The new district, as created,
includes Ottoville, Monterey-tp, Monterey second school district, Jackson
special school district, Jackson-tp and two eighty-acre tracts of land in
Jennings-tp.
The petition was strongly contested
and a poll of the district asked. This the board required to be taken and the
poll takers showed that 904 persons of voting age resided in the district.
Names Removed
At the board meeting, for various causes, the
names of 63 persons were removed from the list, some being possible
non-residents and some not being of legal age, the board announced.
With this number removed from the
original poll, the remonstrance petition, placed against the proposition,
failed to have a sufficient number of signatures to constitute a majority of
the people of the new district, the board therefore authorized the new
district.
The board of education for the new
district is composed of F. T. Schimmoeller, Joseph Osenga, both of Ottoville;
William Schlagbaum, of Ft. Jennings; Joseph Hoersten, of Ottoville, and J. C.
Wannemacher, of Ft. Jennings.
Acting upon the belief that the
board would create the new district, Rev. Father Arnoldi already has the school
building to house the pupils of the new district well under way in its
construction.
7-27-1925 LN
Contest Looms Over Ottoville School District
Dissatisfied Citizens Are Expected To
Institute Court Action in Controversy
Remonstrance Failed
New Building Now Beining Constructed For
Section – Objectors Prefer Old System
Probability that the creation of the new
Ottoville school district and the construction of the new building there, under
the supervision of Rev. Father J. S. Arnoldi, pastor of Immaculate Conception
church at Ottoville, will be contested in the courts seems certain.
Attorneys, said to’ represent
dissatisfied tax-payers, were in Ottawa Monday, obtaining school records, in an
endeavor to contest the case.
Certain parts of the outlying
districts in Jennings, Monterey and Jackson-tps and all of Monterey-twp are
included in the new district.
Many of the patrons favored the
little red schoolhouse to the large new building, which Rev. Father Arnoldi is
providing for educating the youth of the southwestern part of Putnam-co.
It is those who favored the old time
methods who are said to be at the bottom in insituting the court action.
Petition Filed
At the time the petition for the creation of
the new district was considered, a remonstrance petition was presented by
citizens who were bitterly opposed to the new district.
After investigation, it was
determined that the remonstrance petition was to be disregarded as it did not
contain the names of a majority of residents of the district.
The new district was authorized and
construction on the new building, which has been underway for sometime, was
continued. The new building is now practically complete and will be ready for
occupancy this fall.
The board of education for the
district, appointed after the decision was made, is composed of F. T.
Schimmoeller, Joseph Osenga, both of Ottoville; William Schlagbaum, Ft.
Jennings; Joseph Hoersten, Ottoville and J. C. Wannemacher, Ft. Jennings.
9-20-1925 LN
School Dispute is Carried to Ottawa Court
Question Arises Over Legal Time District was
Created
Few Days Difference
Number of Signers to Petition Ask Withdrawl
of Names
Common Pleas court will be compelled to decide
whether months from the date of creation of the Ottoville school district, fell
on a Saturday or a Monday, according to a petition filed in that jurisdiction.
The county board of education and
Prof. George J, Kemath, county superintendent of schools, held that the law
made the time for filing of a remonstrance petition until Monday, because the
month, by days, fell on Sunday.
Taxpayers who are seeking to enjoin
the action of the board contend that the month was up Saturday. At that time,
it was probable there were, there was a majority of signers on the remonstrance
petition to the boards action. But by Monday, the time it was filed, a large
number had asked their names be withdrawn.
Joseph Brickner, Joseph Ricker,
George H. Hammons, William Dickman and Albert Schimmoeller, taxpayers of the
Ottoville school district, filed the suit in court Saturday, making the county
board of education and the newly created board of Ottoville school district and
Prof. Kemath, defendants.
The new district was created of
Ottoville village, Monterey Second special district, Monterey-twp, Jackson
Special and Jackson-twp districts.
The pastor of Immaculate Conception
church, Ottoville, is in charge of the new building, which is being erected in
Ottoville for the newly created district.
The taxpayers favor the “little red
schoolhouse,” thay say.
Members of the board of education of
the Ottoville district, as created, are F. T. Schimmoeller, Joseph Osenga,
William Schlagbaum, Joseph Hoersten, and Joseph Wannemacher.
Members of the county board of
education are Dr. H. A. Niswander, of Pandora; Edward Odenweller, of
Monterey-twp’ Charles Henry, of Liberty-twp; Nathan Shireley, of Continental
and Frank Logan, of Columbus Grove.
10-22-1925 LN
Parochial And Public Schools Consolidated
Ottoville
Nov. 21 – Complete vindication of the Putnam Co. Board of Education and the
people of Ottoville, led by Rev. J. S. Arnoldi, was made in the election of
William Schlagbaum, Joseph Osenga, J. C. Wannemacher, Joseph Koester and Frank
Schimmoeller to the Ottoville Board of Education, according to an announcement
by Prof. F. J. Uhrich, superintendent of schools here.
The
appointment of these five men as members of the board of Ottoville was made by
the county board at the time the district was created. The board was re-elected
by good majorities.
Consolidated
schools are now in effect at Ottoville and members of the parish of which Rev.
Arnoldi is pastor, pay for the same, Nuns alone teach there.
The
few Protestant people in the district obtain education of their children free,
not being called upon to contribute to the salary of the teachers and the
school equipment of the parish.
1-10-1926 LN
School Merger Injunction is Oked by Judge
Court Order Denying Right to Establish
Ottoville District Made Permanent
Appeal Decided Upon
County Board of Education Prepares to Carry
Action to Superior Body
Ottawa – the injunction obtained in
common pleas court to prevent the creation of the new Ottoville school
district, comprised of its present territory, Saturday, was made perpetual.
Judge William F. Duncan, of Findlay,
who on December 20 heard the case in common pleas court, held court here
Saturday and announced his decision. At the time of the hearing he took the
matter under consideration.
The decision, as handed down by
Judge Duncan, contained ten type written pages of matter.
He held that section 1021.6 did not apply in construing section 1736and
that the decision is given on common law, or decisions made on prior court
questions.
The case will be appealed to the
appellate court, it was announced Saturday by the county board of education,
defendants who lost the case. The county board must pay court costs.
Great Interest
No school decision in years has
aroused interests as the Ottoville case. The action was started by Joseph
Brickner, Joseph Ricker, G. H. Hammons, William Dickman and Albert
Schimmoeller, patrons of the district, who contended that duress had been used
in the obtaining of signatures to the consolidation petition, that the petition
had been filed promptly and that they would be forced to pay more than their
share of taxes.
In making the decision, Judge Duncan
held that the time for filing the petition expired at midnight Sunday and that
the filing of the petition on Monday rendered it illegal.
One of the unusual features of the
case was that the new building was designed by Rev. J. S. Arnoldi, pastor of
the Immaculate Conception church, and all of the plaintiffs are catholic, some
being members of the parish.
Judge Duncan held in the decision
granting the injunction that the plaintiffs had failed to prove that the
distribution of assets was not equitable.
2-1-1926 LN
Appeals Court To Get School District Case
Jurists Announce They Will Be Ready to Hear
All Matters on Feb. 10
Ottoville Trial Due
Great Interest Being Expressed as Higher Body
Arranges to Review Decision
Ottawa – the appellate court
consisting of Judges Phil Crow, Kent W. Hughes and E. N. Warden, all of Lima,
will convene here on Wednesday Feb. 10, at which time cases now pending in the
higher court will be up for consideration.
Among cases especially to be heard
will be that of Joseph Brickner and others, against Dr. H. A. Neiswander and
members of the county board of education, or more popularly known as the Ottoville
school case.
Brickner Wins
Brickner
and his associates won in common pleas court, when, after a hearing before
Judge William F. Duncan, of Findlay, the court decided creation of the
Ottoville school district, as it now stands, was illegal.
It is expected that a big majority
of the taxpayers of Monterey, Jackson and Jennings-tps, which are included in
the new district, will be present to listen to the arguments.
According to a notice sent to the
county clerk of courts by Judge E. N. Warden, presiding jurist of the court of
appeals cases now pending in the higher court may be heard at that time by
briefs or oral testimony.
The Ottoville school case is one of
the most interesting which has occupied the common pleas court docket in many
months.
2-9-1926 LN
Judges To Set – Court of Appeals to Hear
Cases at Ottawa Wednesday
Ottawa – judges of the court of
appeals, consisting of Phil Crow, Kent H. Hughes and Ernest N. Warden, will
come to Ottawa Wednesday for hearing cases appealed to the court they represent.
They will sit in the county court
room. They especially will hear the Ottoville school case, wherein taxpayers of
that district, headed by Joseph Brickner, are seeking to make illegal the
school district as a created a year ago by the county board of education.
Judge William F. Duncan, handing
down a decision following a hearing here the latter of December, held that the
taxpayers side of the case was well taken and decide in their favor and against
the county board of education.
The county appealed the case,
arguments will be made Wednesday by T. R. Hamilton, of Lima, representing the
taxpayers who instituted the suit, while the widely known law firm of which
Attorny Knuepper, of Columbus is a member, and Herbert Eastman, of Ottawa, will
be arranged on the side of the county board of education
The residents of Ottoville school
district and of the townships included, following creation of the district,
representing all of Monterey and parts of Jennings and Jackson, will lay down
their labors Wednesday and come to Ottawa to hear the case argued in the court
of appeals.
2-11-1926 LN
Decision Near – Verdict in Ottoville School
Case Expected Middle of March
Ottawa – a decision in the Ottoville
school case, urged orally Wednesday before the court of appeals, which held a
session in Ottawa, may be expected by March 10 or the middle of the month,
according to announcement by the court.
Leave to file briefs in the case
were given the plaintiffs, Joseph Bricker and taxpayers of the school district,
until Feb. 20.
Then the county board of education,
defendants in the case, have until Feb. 27 to submit its brief.
The taxpayers are seeking to show
creation of the district by the county board of education was illegal. The
present district includes Monterey-tp, and parts of Jennings and Jackson-tps.
Taxpayers are in favor of the little
red schoolhouse of the townships, instead of sending their pupils to the
schools at Ottoville, which have been modernized to take care of educational
wants.
Taxpayers won in common pleas court
following a decision handed down by Judge William F. Duncan, of Findlay, who
heard the case here.
4-28-1926 LN
INJUNCTION IS CONFIRMED BY HIGHER COURT
Putnam-co Board of Education Loses in Ottoville
Consolidation Program
CASE TO BE APPEALED,
Supreme Court to Be Asked to Pass on Merits of Case
OTTAWA, April 28--(Special) —Affirmation of the
injunction obtained in common pleas court to prevent creation of the new
Ottoville school district, as comprised
of its present territory, by appellate court, will not deter
the county board of education from permitting the supreme court to pass upon
the case.
Conference of Prof.
George J. Keinath, county superintendent of schools, with Russell Knepper and
Robert Wilcox, Columbus attorneys, and H. P. Eastman, now of Columbus but
formerly of Ottawa, who represented defendants in the case, will be commenced
at once to prepare to enter the highest tribunal in the state.
This was the announcement of
Keinath Wednesday. The county board of education and the Ottoville school board
are defendants.
DISCUSS CLAIMS
The action was started by Joseph
Brickner, G. H. Hammons, William Dickman und Albert Schimmoeller, patrons of
the district, who contended that duress had been used in obtaining signatures
to the consolidation petition, that the petition had not been filed promptly
and that they would be forced to pay more than their share of taxes.
In announcing his decision, Judge
William F. Duncan, of common pleas court, held that the time for filing the
petition expired at midnight Sunday and that filing of the petition on Monday
rendered it illegal.
He held that Section 10216 did apply
in constructing Section 4736 and that the decision is given of common law, or
decisions made on prior court questions.
The district, as now created by the
county board of education, is composed of Monterey-tp, which includes Ottoville
and portions of territory in Jackson and Jennings-tp. A fine, new modern school
building, as designed by Rev. Father J. S. Arnoldi, pastor of Immaculate Conception
church of Ottoville, is used to house the youth of the district.
Pastor Cleared
Judge Duncan, in common pleas court,
ordered that three paragraphs of the reply, made to the school board’s answer
to the petition dissatisfied taxpayers filed, struck from the records. This
included that names on the petition obtained by Rev. Father Arnoldi and his
supporters were procured by duress, fraud and misrepresentation.
He held that the side represented by
the taxpayers was pleading conclusion of the law, instead of facts, and held
that it was not illegal to have signatures to the petition attached on Sunday,
as this act was not prohibited by Ohio statute.
The court also maintained that in
case the school was being made a sectarian one and turned over to the Catholic
church as plaintiffs pleaded, there was a remedy to the law – that an
injunction against procedure of the building, now completed.
The two things left for the court to
decide was whether there was equitable distribution of the assets and liabilities
in creation of the district and whether under Section 10216 of the Ohio statute
when the last day of the month falls on Sunday the preceding day be comes the
last day of the 30-day period allowed by law in which action mat be taken.
Held Equitable
In drawing his conclusion he
practically decided that the distribution of assets and liabilities was
equitable.
The only question to decide and
which appellate court affirmed was that Sunday was the closing day of the month
period open which the petition must be filed. The decision legalized the
carrying on of business on Sunday.
The case is monumental in the fact
that Rev. Arnoldi is pastor of the church where some of the five worship who
instituted the suit and they all are members of the Catholic faith.
However, plaintiffs standing legally
by the little red school house and hold they want it for the education of their
children.
The county board of education was
made a party to the case because of creation of the Ottoville school district
3-30-1927 LN
Supreme Court Legalizes New School District
Suit by Taxpayers at Ottoville is Lost in
Final Decision – Lower Courts Reversed
Action of Boards of Education in Constructing
Building to Stand
Ottoville – the supreme court
Tuesday handed down a decision making legal the creation of the new Ottoville
school district and construction of the new school building, under supervision
of the Re. Father J. S. Arnoldi, pastor of the Immaculate Conception Church of
Ottoville.
The highest court thereby reversed
the decision of both the common pleas court of Putnam-co and the appellate
court of the Third Judicial District, located at Lima.
Prof. George J. Keinath, county
superintendent of schools, and Prof. F. J. Uhrich, superintendent of schools
here, have maintained that this would be the decision of the supreme court and
that the county and district boards of education would be vindicated and the
action affirmed.
Joseph Brickner, Joseph Ricker, G.
H. Hammons, William Dickman and Albert Schimmoeller, patrons of the district,
sought to prevent consolidation of portions of the outlying townships with the
Ottoville school district. They contend they are forced to pay more than their
fair share of taxes. They sought tot stay by the little red school house.
The new district as created by the
county board of education is composed of Monterey-tp, which includes Ottoville
and portions of territory in Jackson and Jennings-tps. A modern school
building, as designed by Rev. J. S. Arnoldi, pastor of Immaculate Conception
church, Ottoville, has been completed and is now in use in Ottoville.
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