Ottoville Items - 1926

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.

3-8-1926 LN

Hurt In Crash – Ottoville Man Cut About Face and Suffers Body Bruises in Auto Accident

            Delphos – Ellis Weber, of the village of Ottoville, was cut about the face and hands and bruised about the body when an unidentified motorist crashed into his automobile on N. Main-st near the Hinde and Dauch Paper Co. and Fled.

            Weber’s automobile was hurled from the road, and when it turned over on its side he and a companion, a man named Graulauch, were pinned beneath. Graulauch was only slightly bruised.

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

5-6-1926 LN

Ottoville Fire

            Fire caused damaged estimated at $250 to the residence of A. Wannemacher in the town of Ottoville. The flames were quenched thru the efforts of a bucket brigade.

5-7-1626 LN

Valuable Horse Taken by Theif

            A thief with old-time tendencies visited the town of Ottoville Wednesday night on foot, and left on the back of a valuable double-gaited bay mare owned by Harry Myers, farmer, of near the village limits.

            Myers awoke about 5 a.m. Thursday and discovered his loss a few minutes later. He immediately notified police here. The animal is described by him as having a thick black tail that reaches the ground and white spots on both hind feet.

5-9-1926 LN

Sheriff Finds Dobbin at Home

            Ottawa – Sheriff Roy N. McCullough went on a wild goose chase Thursday across to western Putnam-co.

            Mrs. Meyers, a widow, residing south of Ottoville, reported early in the day to the sheriff’s office that a horse had been stolen from her barnyard.

            The sheriff jumped in his car and drove to Ottoville, expecting to find traces of horse thieves.

            But when he got there “Old Dobbin” was in the barnyard. He looked up at the sheriff and whinnied, as though that official need not be concerned about him.

            It is believed he broke away during the night and after helping himself to new grass and clover, came back to his usual place on the Meyer farm.

            Mrs. Meyers apologized to the sheriff for causing him so much trouble but said she was very glad to get her horse back.

5-21-1926 LN

Public Auction

            Large House to be sold and removed from school premises. House of eleven rooms. Modern heating, water and lighting system and hardwood floors. Adaptable for two bungalows. Saturday, May 29^th 1926, 4 p.m., at Ottoville

6-27-1926 LN

Ottoville Priest Says First Mass Thursday

            One of the most impressive services ever held at the Catholic church of Ottoville was carried out Thursday when Rev. Roger Hoehn, O. S. B., son of Mr. And Mrs. Anton Hoehn, celebrated his first mass after being ordained to the priesthood.

            Assisting him were, Rev. Father John Becker, who acted as Deacon, and Rev. Ignatius Wagner who served as sub-deacon. Ruth Mae and Mary Ann Hoehn, nieces of the priest acted as flower girls in the procession that preceded the ceremonies which was led by the Ottoville band.

8-6-1926 LN

Summer Festival – Ottoville School Grounds Ottoville, Ohio

            Saturday evening and Sunday afternoon and evening, August 7 and 8, 1926. Fine chicken supper served Sunday afternoon and evening. Amusements of all kinds. You are welcome.

8-12-1926 LN

Rev. Francis Kermiller Assigned to Ottoville

            Rev. Father Francis Kermiller, who is a native of Ottawa and was educated in his boyhood here, has been transferred from assistant pastor at St. Agnes’ Roman Catholic Church, Toledo, to become assistant to Father J. S. Arnoldi of Immaculate Conception church at Ottoville.

            Rev. Father Carl Finsel, who has been assistnt at the Immaculate Conception church at Ottoville, has been names as assistant at St. James’ church in Toledo.

9-21-1926 LN

Ottoville Schools to Stage Annual Exhibit

            Ottoville – Sisters of the Ottoville public schools, as has been their custom for many years, are preparing an unusually fine school exhibit, which will be shown in the educational building at the county fair the first week of October.

            Prof. F. J. Uhrich, superintendent of schools, is supervising the display. Each year the Ottoville schools carry home a large percentage of the premiums offered in the educational department of the fair.

11-19-1926 LN

Annual Bazaar – Three Nights – School Gymnasium – Ottoville, Ohio

            Sunday, Monday and Tuesday, November 21, 22, 23, 1926

            Amusements, Refreshments, Valuable Gifts for all

            You Are Welcome

            Chicken Supper, Sunday 4:30 – 6:30 p.m.

Fine opportunity for rural and city folks to motor to a real home cooked chicken supper

You can’t miss us, don’t let us miss you.

Ottoville Parish To Have Annual Bazaar

            The annual bazaar will be held by Immaculate Conception Parish in the school gymnasium Nov. 21, 22 and 23. Preparations are being made for a large attendance and the bazaar this year is expected to be bigger and better than ever.  The various booths will be filled with toys, tasty gifts, and useful and valuable article.

            A chicken supper will be served by the Alter Rosary Society from 4:30 to 6:30 p.m. Sunday. Regular suppers will be served Monday and Tuesday nights. A cedar chest containing many useful articles will be presented to some lucky winner by the C. L. of C.’s. The young ladies have charge of the bingo stand and the candy concession.

12-28-1926 LN

Delphos Professional Cagers To Have Game

            Delphos – Announcement was made Monday by Ed Hotz, manager of the Delphos City basketball team, that the professional team from Ottoville will come here Friday night for a game with the locals, to be played on the St. John’s floor. A preliminary with a local high school team performing is being arranged.