The daily sentinel., 1910-02-23

previous to said election; that. had
not the aforesaid five Illegal ballots
been received and counted by the
judges of said electio4I'for consoli-
dation." and had not e aforesaid
ballot reading For co3solidation-
yes and on which ballot the word
Yes" was scratched and crossed out.
been counted by the said judges OF
election ''for consolidation" the cor
rect returns of the votes cast at said
election in said District No. 32 would
have been SO votes "for consolida-
ton" and so votes against CONSOLE
dation," and the said correct election
returns would have shown the propo-
sition "for consolidation" defeated by
four votes.
Z. And the district attorney fur
ther alleges and gives the court to
understand that, at the election so
held in said School District No. 80
on said 10th day of November, 1909,
a majority of the qualified electors of
said school district did not vote or
cast their ballots "for consolidation"
and neither did the said proposition
for consolidation" carry in said
school district at said election by a
majority of the legally qualified elect
ors therein; but, regardless of the
fact that the aforesaid election is
void and illegal, and regardless of
the fact that the said proposition for
consolidation" did not carry at said
election by a vote of a majority of the
qualified electors in said school dis
trict voting in favor of consolidation,
a meeting has since been held in said
School District No. 80 by a portion
of the voters of the three aforesaid
Districts Nos. 80, and SO, and at
which meeting the voters have as
sumed to elect the defendants herein
as a board of directors for a certain
pretended consolidated school district
comprising the Aforesaid school dis
tricts numbered 50, 8 and 33, and
which said consolidated district is
designated by the aforesaid defend
ants as such board of directors, as
School District No. 3S of Mesa coun-
ty, Colorado; that the defendant. X.
Il. Turpin. claims to be the president
of said Consolidated School District
No. 3S, and the said II. II. Tyler
claims to be the secretary of said
Consolidated School District No. 3S.
and the said T. w. Scott claims to be
treasurer of said Consolidated School
District No. 3S, in virtue of the afore-
said Illegal election, held in said Dis
trict No. 80 on the 18th day of No
vember, A. d. 1909, and in virtue OF
the election last above referred to.
s. And the plaintiff further al
leges that, on account of the facts
aforesaid, the said Consolidated
School District No. IS has never been
organized and created according to
law; that said pretended school board
consisting of the defendants r. L.
Turpin as president. II. II. Tyler as
secretary and I. w. Scott as treas
urer thereof. has no legal existence
and no authority to act as n board of
school directors for said pretended
school district, but that they, the said
defendants. have. without any legal
authority or right whatever. usurped
and pretended to hold and exercise
the office of school directors or mem
bers of board of education of the
so-called School District No. 38 in
the county OF Mesa and state of Colo
rado. and are still continuing tc
usurp. hold and exercise the duties
of board of directors of said So
called School District No. 3S without
any authority of law, and in abso-
lutte violation of law; that. as such
pretended board of directors, the said
defendants have published n public
notice calling for an election to be