Perth Amboy evening news., 1917-12-27
Expert Legal Opinion Says Test
Case in Freeholder Middle
Would Bring That Decision.
CONFERENCES BEING HELD
Dey, PoWnaII and Bunting Only
Living Members of Last Legal
Board the County Had.
sy Special Correspondent.

su Special Correspondent.
NEW BRUNSWICK, Dec. 27:-
That action by either the present
Board of Chosen Freeholders or by
the board whose election last Novem-
ber is now declared to have been IL
legal, could easily be proven illegal,
and that quo warranto or custer pro-
ceedings could be instituted and
readily granted, and all power of the
office be turned over to the board
which sat in 1907, was the opinion
secured from eminent lawyers this
morning. The 1907 board, which
would now consist of but two of the
original members and one who was
substituted for a member who died,
is the only board legally authorized
to transact business for the county
and they can be called back to office
to serve as the 1918 board in place
of either the present de facto or the
new board, until such time as an
election can be held and members of
the board elected according to the
laws of 1912, is the opinion of the
same authority.
The 1907 board, elected in 1905,
was composed of William T. Stacey,
John E. Montgomery, Alpheus L.
Mundy, Frank H. Pownall and
George 8. Bunting. During his term
Mr. Montgomery died, and the board
then appointed William S. Dey, of
South Amboy, at present a freeholder
and one of the freeholders- elect, to
take his place. Since that time Mr..
Stacey and Mr.. Mundy have died,
leaving Pownall, Bunting and Dey as
the only legally constituted board to
transact county business until a
board is properly elected. They would
be empowered, under the law, to ap-
point members to take the place of
the two deceased members of the old
board and to hold office until the
election next November.
Any action by the present board,
or by the newly elected Republican
board, should they take office, might
be made the subject of supreme court
action with the result that quo war;
ranto proceedings could easily be
brought to oust either board from
office. 1t was said on the same legal
authority that the only board now
legally constituted to do business for
the county was the 1907 board, and
they would be recalled to office by
the court to continue until their sue
cessors could be legally elected.
Hold Many Confabs.
Conferences are the order Of the
day at New Brunswick where both
Republican caucuses and Democratic
sessions have been held and where
there is to be a meeting tonight, at
which committees of both parties will
be present to endeavor to arrive at q
satisfactory conclusion to the present
tangle and confusion.
The meeting tonight is believed to
be an important session at which
some final decision by the party lead
ers will be arrived at. The Republi-
cans are apparently satisfied that the
election was illegal and they realize
that it would be impossible to have
Legislative action legaliZe the board,
it was said, so that they are planning
certain overtures to be made to the
Democrats who are now in control.
One of the compromise schemes
said to be possible solution by both
parties is that the two split the Of
fees which are to be given out and
allow the Republican board to take
office.
CONTINUED on page .4