The Portland daily press., 1873-07-10

The following correspondence speaks for it.

The following correspondence speaks for it.
SELF
Portland, July 8, 1878.
CAPT. ELBRIDGE GERRY, commanding Co. E,
Bowdoin Cadets.
Dear Sir--Capt. Neal ID. Winslow command
ing the Portland Cadets, on behalf of that COM
pany, has deposited in the hands of the Portland
committee on celebration of the 4th of July for
1872, the champion flag then presented to his
company under certain conditions. The object
OF the return is, that the committee may decide
definitely, according to the terms of the origi-
nal presentation, to whom the flag now right
fully belongs. In order to settle this question,
the committee will hold a session next Thurs
day afternoon, July 10th, at o'clock, at the
Mayors office in this city, to hear all claimants
for the flag.
Similar notice has been served upon Capt
Winslow. Yours truly,
BENZ. KNGsBURY, JR., Chairman.
Bruas,osck, July 8, 1873.
Hon. BENZ. KINGsBURY, JR. :
Dear Sir-Your letter of the 9Th inst, notify
ing me to appear before the committee on eel
ebration, whose office expired July Dist, 1872,
10 substance to show cause why the champion
flag should be surrendered to the Bowdoin Ca
diets, was received by me last evening. On the
Goth ult., l addressed a letter to the Portland
Cadets. claiming that the flag had been forfeit
ed to the BOwdoin Cadets, under the following
rules: IF the holders of the flag shall for ten
days after receipt of challenge, neglect to ac-
cept the same, the flag and championship shall
be forfeited to the challenging company,"-and
asked flor surrender to me, but suggested in
case this was declined, that we would refer the
question of forfeiture to an impartial umpire,
to be mutually agreed upon by the two compa-
Mes Thereupon, we received the following
telegram
Portland, June %, 1873.
CAPT. ELBrIDGE GERRY, JR., Bowdoin Col
lege:
Probably your proposition to appoint judges,
will be accepted; when will you send commit
tee with full power to act?
CAPT. n. d. WINsLow
In response to this telegram, the Off
GERS of Company E., b. c., came to
the Portland Cadets, when the officers of Co.,
E., b. c.. submitted the following names:
Chief Justice Appleton, Judges Edward Kent
c. W. Walton, Charles Danforth, Hon. j. w.
Bradbury and Hon. Artemus Libby, either of
which the Portland Cadets were at liberty to
select, to decide the question in controversy,
but they declined, AID also refused to agree
mutually upon an umpire. No nam was present
ed from Portland or Brunswick in order to
avoid even the appearance of Partially by rea-
son of local influence. But we regret to be
obliged to say that in utter disregard of the
course usually pursued in such cases. it appears
that the Portland Cadets selected yourself and
your associates without our knowledge and
consent, to Ldecide whether we are entitled to
the flag. As the question of forfeiture is at
best technical question of law, il was thought
by the Bowdoin Cadets fit and proper that an
eminent jurist should be selected to decide that
question. The question of the surrender of the
flag is question of honor Having had no voice
in the selection of the tribunal before whom we
are notified to appear and it being entirely ex
parte, and as your official relations to that flag
expired mored than a year ago, and as
some of the gentlemen whom the Portland Ca
diets have selected to hear all claimants for the
flag are honorary members of that company
and one of your number was formerly if not at
present President of the same, l regret to be
obliged to say that proprety and self respect
under the circumstances, restrain the BowdOin
Cadets from appearing before you for the pur-
poses indicated in your letter. l therefore in
behalf of the Bowdoin Cadets protest against
the right of the Portland Cadets to place the
flag at your disposal as related in your letter,
as violation of the fundamental law and rule
by which they received it. And further pro-
test against your jurisdiction of the question in
volved in this case, inasmuch as you are an ex
>parte tribunal we having had no voice in your
selection. No reflections are intended upon
you personally or your associates. My objec-
tion is to the manner of your selection and your
relations to the Portland Cadets. In conclu-
sion 1 wish to say that hope this communica-
tion will be received by you and your associates
in the spirit in which it is written We 81 IMPLY
desire to maintain and defend what we believe
to be our rights.
CAPT ELBRIDGE GERRY, JR,
Com'dg Co. E. Bowdoin Cadets.