El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-05-10
DOCTOR TURNER LOST Tue SUIT.
Continued from 9Th page.)

thereupou he entered into the dis
charge of his duties as such president
of the board of school trustees, with
out any protest Or objection, 30 far as
he knew, upon the part of any person
whomsoever; that his correspond ents
A. C. Foster, W. r. Martin, E. A.Shel
ton and e. Q. Pew, recognized him as
president of the board; that particular
ly did the said E. @. Pew, secretary OF
the board, recognize him as president
of the board, by bringing to him for
his signature as president, vouchers
and warrants issued by order of the
board and your respondent signed the
same
NO NOTICE OF PROTEST OR APPEAL
Your respondent further says tbs
he was never notified by any person
that the plaintiff, Chas, T. Race, had
fled any protest against respondents
qualifying rs and discharging the du-
ties of president of the said board of
school trustees. That on tie 10th of
April, 1899, your respondent attended
the meeting OF the board of school
trustees of the city of Ell Psso, as he
was in duty bound to do, and proceed
ed to discharge the duties OF that Of
flee impartially and TO the best of his
knowledge and ability: that at said
time and place the plaintiff, Chas. T
election of this respondent himself
voted for this respondent to the said
position, without any explanation
whatsoever undertook to preside over
said meeting and to prevent
this respondent from discharging the
duties of the Office to which he had, by
the unanimous vote of the members of
this board as appears from the minutes
thereof. been elected.
Your respondent says that in his eff
forts to discharge the duties OF the Of
fee as required by law aud particular
ly at the time of the said meeting his
authority was recognized and his acts
confirmed and approved by his CORES
pondents e. A Shelton, w. r, Martin |
and A. G.. Foster. This respondent
further says that the action of the
board of school trustees of the FL Paso
independent district in electipg him
has never been rescinded by said
board, aud that your respondents
right to hold said office and discharge
the duties thereof has never been de-
MED by any competent authority,
authorized to pass upon such question.
Your respondent further says that if
any appeal was ever taken from the
action of the board of school trustees
in electing him president thereof to
any court or person authorized to pass
on the same until the filing of this suit,
he Is not advised of the same.
Your respondent specially denies
that he had any knowledge that the
said Chss. T. Race had filed his pro-
test with E. G. Pew, secretary of the
board, ad vising said board that not |
withstauding it's action in electing a |
president outside of its own members |
and without bis, plaintiff 8, resignation |
or removal that he still claimed to be |
president of said board and that it was |
~, oil Of
that Office and that all drafts. checks, |
warrants and important documents
must be signed by him, the said petit
toner. This respondent says that he |
never knew of the filing of said protest
with the said E. G. Pew until after the
institution of this suit.
This respondent further specially
that this petitioner claim
ed or would claim that the action of
the board in electing this respondent,
in which petitioner participated, as
appears from the minutes of the said
board, was illegal or that this respond
ent's action in discharging the duties
Of the said Office were unlawful or that
the said petitioner had appealed or
would appeal from the action of the
said board to the state superintendent
Of public instruction.
This respondent, while denying the
Jurisdiction of the state superintendent
Of public instruction in the premises,
Jays that if any appeal was taken to
him, this respondent was not notified
thereof and has never been given an
to defend his rights in the
premises. T.
This respondent specially denies
hat the said Chas. T. Race at the
Meeting of the board of school trustees
IN April 10Th, 1899, while endeavoring j.,
% act as president of said board, enter