White v. Moore

• Decision Date: 07 February 1927
• Docket Number: 137
• Citation: 136 A. 218,288 Pa. 411
• Parties: White et al. v. Moore et al
• Court: Pennsylvania Supreme Court

136 A. 218

288 Pa. 411

White et al. v. Moore et al

No. 137

Supreme Court of Pennsylvania

February 7, 1927

Argued January 11, 1927

Appeal, No. 137, Jan. T., 1927, by Irma B. Cullings, Jesse T Workman and Edmund A. McCadden, from decree of C.P. Delaware Co., June T., 1925, No. 2545, on bill in equity in suit of Herbert S. White et al. v. Benjamin F. Moore, Clyde A Campbell, Irma B. Cullings, Jesse T. Workman and Edmund A. McCadden, School Directors of the School District of Prospect Park Borough. Reversed.

Taxpayers' bill to remove school directors.

The opinion of the Supreme Court states the facts.

The case was heard before JOHNSON, P.J., who died before filing an opinion. BROOMALL, J., entered a decree removing Irma B. Cullings, Jesse T. Workman and Edmund A. McCadden from their office of school directors. The defendants so removed appealed.

Error assigned was, inter alia, decree, quoting record.

The decree of the court below is reversed and the petition is dismissed.

Francis Shunk Brown, with him William C. Alexander, for appellants. -- The facts do not justify a decree of ouster: Silsby Mfg. Co. v. Allentown, 153 Pa. 319; Phila. Co. v. Pittsburgh, 253 Pa. 147; Whetstone v. Stapleton, 47 Pa. C.C.R. 222; Scranton City School Directors, 6 Pa. D. & C. 105.

Coal is not "school supplies" within the meaning of section 708 of the School Code.

George H. Detweiler, for appellees. -- It is too late to raise the question whether coal is "school supplies."

The court committed no error in removing the directors: Summit Hill School Directors, 258 Pa. 575; Slippery Rock Twp. School Directors, 222 Pa. 538.

Before FRAZER, WALLING, SIMPSON, KEPHART, SADLER and SCHAFFER, JJ.

OPINION

MR. JUSTICE FRAZER:

This proceeding is under section 217 of the School Code of May 18, 1911, P.L. 309, for the removal of school directors for violation of the provisions of section 708 of the code, relating to the purchase of supplies, and also section 617 relating to the letting of contracts for construction or repairs. After answer filed and testimony taken, the judge who heard the evidence died before adjudication was entered and the case was referred to another judge who filed an opinion in which he found, as a fact, that respondents had violated the provisions of section 708 in that they purchased coal in an amount in excess of $1,300 without publication in accordance with the provisions of that section. The court therefore made an order removing three of the directors from office, the term of office of the remaining two having expired in the meantime. From such order we have this appeal.

The provisions of the School Code which must be construed in disposing of this appeal are as follows: "Section 706. School supplies shall be divided into two classes. The first class shall include school desks, chairs, typewriters, and school apparatus. The second class shall include maps, globes, and all other supplies, except textbooks, necessary for school use, not included in the first class.

"Section 707. When it is deemed necessary to purchase desks or other supplies of the first class, costing one hundred dollars ($100) or more, the board of school directors shall solicit sealed quotations from two or more firms, manufacturers, or dealers in such supplies, and at regular meeting shall open such bids and quotations, and shall accept the lowest bid, when the kinds of supplies offered, and their kind, quality, and character of material, are the same, or are equal or satisfactory; Provided, that any school district may purchase school furniture and other equipment from another district, without asking for competitive bids.

"Section 708. All supplies of the second class, costing three hundred dollars or more, shall be awarded and purchased only after public notice has been given by advertisement, published once each week for three weeks in not less than two newspapers of general circulation: Provided, That, in any district where no newspaper is published, said notice may, in lieu of such publication be posted in at least five public places. Such advertisement or notice shall give all necessary information, or give notice of convenient access thereto, in such manner that bidders can intelligently make bids for such contracts."

The petition charged respondents failed to comply with the above provisions in purchasing school supplies of the first class, consisting of desks, piano, janitor's supplies and a flag pole, and also failed to advertise for bids for coal and school supplies of the second class, consisting of pencils and tablets. The alleged violation of section 617, relating to the procuring of competitive bids for labor and materials in the construction or repairing of buildings, consisted of the failure to require contractors to give bond for the laying of sidewalks, grading and pointing. Many of these charges were not supported by proof, while others were satisfactorily explained by respondents, and the court below based its opinion solely on the admitted failure of respondents to advertise or post notices requesting bids for coal, saying: "We therefore experience no difficulty in finding the fact that the respondents have violated the requirements of the School Code in the respect referred to. It is therefore unnecessary to consider the other matters of the complaint."

The court below based its conclusion on the assumption that the contract for the purchase of coal was within section 708 of the code specifying the method of advertising for the purchase of school supplies of the second class. After a careful examination of this and other sections of the act, we are unable to agree with the court below in its classification of coal. The sections which it is charged respondents violated are under article VII which bears the general heading "books, furniture and supplies," and the first section (701) requires the board to "purchase all necessary furniture, equipment, textbooks school supplies and other appliances for the use of the public schools . . . and furnish the same free of cost for use in the schools. All furniture, equipment, books, school supplies . . . for the use of the public schools therein, shall be purchased in the manner provided in this act." Section 706, quoted above, divides "school supplies" into two classes. Clearly coal is not a "school apparatus" within the first class, and it seems equally clear that it does not come within the phrase "other supplies . . . necessary for school use, not included in the first class." The entire article VII indicates the "supp...