Salt Lake Telegram | 1937-12-07 | Page 21 | Member-Elcet Must Establish Right to Seat, Board Rules

Member-Elect Must Establish Right to Seat, Board Rules tht election, uncertainty cloaks the election and resulted In this resolution," resolu-tion," the board declared. The mntinn was prepared by J, Robert Robinson, counsel for the board, who also advised the board as to Its legal status aln regard to the problem. PROVO Until Dr. Milton Marshall, Mar-shall, professor of physics at Brig-ham Brig-ham Young university, establishes hl legal right to the position, he will not be seated on the board of education, the board, after a canvass can-vass of votes cast last week, announced an-nounced Tuesday. The board will take no action, J. Fred Fechser, clerk, said. "It is up to Dr. Marshall to take the next step If he wanu a seat on the board." he said. "We will take action, but at present pres-ent are finding out just what we ran do," declared Dr. Marshall Tuesday, branding the board's action ac-tion as "unfair" and a "cut and dried" derision. "I am not prepared to say just now what form the action will take." he said. Dr. Marshall won the election last Wednesday by a count of 200 votes to 289 for Oscar A. Spear, incumbent and retiring president of the board. However, one unaccounted far ballot, lost udrlng the day's voting, and two spoiled ballots, which may be declared legal, left the decision of the election In doubt Mr. Spear will continue to repre-nent repre-nent hta First ard until his sue-ceasor sue-ceasor has been declared duly elected elect-ed and qualified to succeed him, board members said. The motion to pass such a resolution resolu-tion was proposed by Vernard O. Anderson, wh obecomea president next year. Mrs. Algle E. Bailiff seconded the motion, which was adopted unanimously. "In as much as the lost ballot may determine the victory or may tie