The Portland daily press., 1895-05-08
THE TANGLE CONTINUES.
Judge WhitehouSe Denies Injunction
in Naples Case.
The NeapoIitans Cannot Get Satisfaction
Until the Law Court Sits, and by that
Time the Schools Will Be Close d.

| Tie two teachers system in fh schools OF
! Naples seems likely to continue all the
| present term. Tuesday afternoon a hearing
was held before Judge Whitehouse in cham
| bers here. which leaves The matter no near.
er settlement than ever. The question came
uI ill the form of a bill in equity brought
| by Daniel ". Rounds, one of the Naples
school supervisors, asking the court C
grant preliminary injunction to restrain
from acting, John S. Clark, the other
supervisor.
The circumstances of this conflict of
authority in Naples have already been re-
| lated in The PRESS. Prior to the last town
meeting the town had board Of three
school committeeman. of whom one retired
last spring, leaving Two. Daniel W. Rounds
and John L. Meserve to hold over. The
town meeting, instead OF electing one new
committeeman, chose on one ballot three,
John 5. Clark, Charles Y. Lord and Charles
W. Webb. making the committee FIVE. The
records OF the meeting show this. At the
same meeting Benjamin r. knight was
voted for MS a single committeeman, reeeiv-
ing thirty or more ballots. The old COM
nitteemen. Messrs. Rounds and Meserve,
declined TO recogize the threu new men,
ana acting as if there was a vacancy, chose
Benjamin Il. Knigh. as the third member.
March these three, with the three elected
at the towE meeting met to organize. There
were evidently differences, and the three
new men retired, They claim that Rounds
refused to recognize them. Then the three
organized and Rounds was elected super
visor, receiving two votes. Later the other
three men, Messrs. CLARK, Lord and Webb,
met, without having notified Rounds and
Meserve, and organized, choosing Clark
super sisor. Both Clark and Rounds hired
teachers, and at the present time there ale
Clark teachers in all OF the nine schools of
Naples, and in four or five of thea there
are Rounds teachers also. There were
four Rounds teachers Monday, but Mr..
Rounds said he expected fifth to begin
Tuesday.
AT the hearing before Judge Whitehouse,
Messrs. A. f. .Moulton and Llewellyn Barton
appeared for Rounds, and Judge Symonds
and Charles Sumner Cook for Clark.
Mr.. Moulton read the motion for the pre-
liminary Injunction. Mr.. Moulton then
spoke OF the points of the case, first as to
the election of the additional members of
the 81 hool committee. The town clerks
records show that only three were elected,
and make no mention of any votes cast for
Mr.. knights. Second. if those three we've
elected, they were duly called together by
direction of Dr.. Rounds to meet at his Office
to elect a supervisor. The five met. talked
it over and adjourned for a week. When
they met again they failed to agree, and
the three bolted and went off. Those re-
manning elected Mr.. Rounds Then the
three boilers held meeting without notify
iLg Messrs. Rounds and Meserve. and close
Mr.. CLARK. We claim. said Mr.. Moulton,
that whether our election is good or not,
Mr.. Clark has nothing to stand upon at all,
as he was elected in a meeting Illegally
called.
Mr.. Cook Of cousel for Clark. said that
here were two claimants for municipal
office, and they asked for a preliminary in
junction TO enjoin Mr.. CLARK from having
anything to do with the schools until the
main question should be decided. it seems
that the entire facts must be involved in
the preliminary hearing. and the main
question might as well be decided.
Judge Symonds said that it was entirely
competent for the town to change it's sys-
tenn from three to five supervisors. The
three new men elected had large majority
in fact the vote of thu town. Whether the
three new men met aud organized without
giving technical notice is not of great i'm
portance. For the two members of the vld
board had refused to act with the new men,
bers, and had actually proceeded as if they
were the only members OF the committee,
and had chosen a man to fill the vacancy
which they assumed to exist. Gould this
court, under such circumstances, set aside
the three men who unquestionably had the
vote of The town behind them7
Judge Symonds brought up the point
al bout the warrant which had called for the
''eiection of one more," members OF the
school commit tee; and the point is whether
these words, lone or more gave authority
for the town to chose three committee men
to take the place of the one retiring.
Mr.. Moulton claimed that the town meet
ing was not a vital portion of the question.
To his mind the main point was the meet
ing of the three new men and the election
of Mr.. Clark supervisor without giving
notice to the two old members. who were
unquestionably members of the board.
LIewellyn Barton, ESQ.,, brought up the
point about Messrs. Rounds and MeseIve
electing third man to act withthem. and
said they had done SO on the advice of
Judge Walker of Bridgton. Later, when the
meeting of the full Loard occurred, Mr.
Rounds was elected without opposition from
the three new men.
Judge Whiiehouse asked if Quorum was
present when Mr. Rounds was elected.
Mr.. Barton said that a quorum was
present at the beginning of the meeting,
and it mattered not whether that quorum
dWind led if the uOiut of no ouorum was n ut