Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-08-14
TOWN VOTE PROBE
FAILS OF QUORUM
Falls Church Council Unable
to Act When Opposing
Members Are Absent.
Special Dispatch to The Star.

Special Dispatch to The Star.
FALLS CHURCH, Va, August IA
The crowd which gathered in the town
council room at Falls Church last night
to hear the report of the committee APP
pointed to investigate the town election
on June 10 and ascertain whether or
not the conduct of the election failed
to conform to the election laws went
away disappointed. Owing to the lack
of quorum. no business Of any kind
could be transacted. AS the three
councilmen who were absent were not
in sympathy with the petition asking
that the last election be declared null
and void, it was believed that their abb
sence was due to a desire to prevent the
matter coming up for official discussion.
Councilman T.. p. Daniel Charles Gage
and r. E. KendriCk presented to Mayor
r. c, l.. Moncure a petition asking for
special meeting of the council on
August 16 AS this will be the last
meeting before the new council takes
office, Mayor Moncure stated that there
were important matters to decide which
could not be deferred
A majority report. signed by w. T.
Westcott. r. G. l.. Moncure and Henry
Knowles has been filed with Town
Clerk Shaw
1.-THE special committee appointed
under resolution adopted by the council
having met to consider the manner in
which the election was conducted, and
having heard all persons who asked to
be heard, and having freely reviewed
and discussed all information made
available to the committee. hereby
report:
Election Held Fair.
s.rrha+ 41,o eoId niac+io,> ~, r,,nn -
1928. was conducted faithfully. honest
ly and impartially by the judges: that
every qualified voter of the town who
sought to vote was afforded full and
free opportunity to do so; that no
fraud in casting or counting the bal
lots was permitted or attempted, nor
has any been suggested; that the cleo
ton was complete realization of the
purpose designed to be accomplished in
the holding of elections as an express
sion of the will of the qualified voters
entitled to participate: that no grounds
exist for impugning the integrity of
the election, the correctness of the re-
turns made by the judges or the pro-
priety and finality of the action of the
town council
THAT, pursuant to the action of the
town council at its meeting on June
is, and as required by the town char
ter, certificates of election were duly
issued to the persons judged by TIE
council to have been elected mayor
and members.
THAT the council has no iuriSdic-
ton or authority to take further action
concerning the election"
Charles Gage. the fourth member of
the investigating committee. expressed
himself last night as much perturbed
hn tax- 10
of a quorum.
laundering Is Charged.
"A review of the whole case makes
1t increasingly evident that. in spite
of the assertion made in the majority
report that a fair and impartial cleo
ton was held. the election judges en-
tered upon their duties woefuly ig-
norant of the legal requirements per-
tain ng thereto, and that almost every
step of the proceedings was charac-
teri2e l by laundering violations of the
laws framed to safeguard elections,
Charge is made that certain persons
who voted in the last election were Inn
properly registered Section Sc of the
election laws provides. among other
things. and such registrar shall
not hold any Office, by election or ap-
pointment during his term" In this
case the registrar was a duly elected
member of the town council and in adj
dition held by appointment the position
of election judge.
Holds Seal Required.
The charge is made that the official
ballots did not bear the seal of the town.
The town charter and ordinances are
silent on this point and the State laws
are extremely specific,
THE charge is made that unused
ballots were not destroyed as provided
by law.
THE law on this subject is explicit.
In all this procedure there has been
no intimation of fraud. On the con-
trary. the judges We're inspired by a
desire to afford a fair and impartial
election, but the fact remains that
through ignorance of the election laws
or laundering disregard of them they
committed apparently indictable Of
lenses.
There is another phase of the cleo
ton as TO which none OF the candidates
has made formal protest. but which has
offended the sense of fairness OF many
citizens 1t is the only official step in
the election process wherein recourse
has been had to unfair or questionable
methods That Is the sequence OF
names on the ballots 1t is no mere
coincidence that the candidates who
have been declared successful IN this
election were In each case listed at the
head of their respective brackets
"An election has been held III which
at practically every step Of the way cleo
ton laws have been violated. Manda-
tory provisions of law designed to pro-
tect the rights of candidates and safe
guard the purity of elections have been
ignored
I question seriously whether the
election of June IL could stand
the test OF court inquiry. II We
gloss the situation over and enter a
new year with council seated as
result of such election, then IN every
official action, in every constructive
project we undertake for the good Of
Falls Church we will be haunted by
this specter of possibly invalid town
administration
In view of the present impasse among
the members Of the council. Maj, Daniel
and Gage both stated last night that
they saw no recourse save appeal TO
the Circuit Court.