Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-04-08
MEMBERS SEATED
DESPITE PROTEST
State Authorities to Pass on
Legality of School
Election.

Treating with silence a protest
made by School Trustee William d. z
Gibby. the administration" candi-
dates who were successful at the re-
cent school election in South Orange.
but whose legality to hold office is
questioned took their seats as mem
bers of the South Orange Board of
Education last night. Mr.. Gibby ID
the only "anti-administration men,
Der of the board. The men who took
their seats are Charles G. Fielding,
Alfred S. Kinsey and Arthur IT. Ell
mendorf. Mr. Fielding was chosen
president OF the board for the ninth
consecutive time and J. Harry Theb-
erath vice-president for the seventh
year.
Trustee Gibby said he did not be-
lieve that Messrs. Fielding. Kinsey
and Elmendorf should take their
seats in view of the fact that their
election was In doubt, there having
been filed with Calvin n. Kendall,
State commissioner of education, a
petition asking that date be set
for new election. ignoring the re-
marks the men took their seats and
the selection of officers followed.
In answer to the petitioners, who
are Allen L. Clough and Theodore @.
Brandels, the unsuccessful candi-
dates at the election held March Is,
Mr.. Fielding, Mr.. Kinsey and Mr..
Blmendorf. through their attorney,
former Assistant Attorney General
Edward D. Duffield, state that there
are no facts alleged in the petition
which In any way invalidate or ques-
ton the election. They ask proof for
some of the allegations made by Mr..
Clough and Mr.. Brandeis and deny
or admit others.
Mr.. Duffield today announced the
reasons why his clients maintain that
their election was legal in every In
stance.
They state that Edwin A. Lee was
chosen chairman of the election by q
unanimous vote and that he subse-
quently as authorized by law APP
pointed the tellers. They deny the
allegation of the petitioners to the
| effect that the ballots were NOT
counted In the presence of the chair
man, but on the contrary, aver that
after the closing of the polls the
tellers Immediately proceeded TO
count the ballots, and that during the
entire count Mr.. Lee was in the inn
mediate presence of the teliers and
| that the count was made while he
was present.
| The successful candidates admit
that the chairman of the election re-
fused to submit motions which had
been duly made and seconded, but
say he did so on the ground that at
| the time the motions were made
| there were remaining in the hall a.
comparatively few persons. a ma
jority having left. They also admit
that the chairman refused, upon APP
peal, TO submit his decision upon mos
lions which had been made to vote
of the meeting upon the same ground
and answering say that whether
these actions on the part of the
chairman were proper or improper
will In no way invalidate the Legality
of the election.
The respondents assert that the pc
titioners have alleged no facts tend
ing to substantiate their charge OF
| illegality and that at the end Of the
election Mr.. Kinsey was given to I'M
derstand that the unsuccessful cam
didates were of the belief that him.
self, Mr.. Fielding and Mr.. EImen-
dorf received a majority of the votes
cast. They deny that the petitioners
were not present when the ballots
were counted, but admit that the
chairman refused to allow them to
mount the platform when the count
was being held, because it might
| cause confusion and tend to affect
the accuracy of the count.
| In answer to the charge that the
chairman declared motions carried
which were in fact lost. the respon-
dents say that If such Is true the
motions related only to the question
of adjournment, and that the busi-
ness had been completed and the re-
suit announced.
A decision as to the validity OF the
election is expected soon.