The Republican journal., 1886-03-18

was to be a contest for Alderman in ward two and
an investigation. If Mr. Haney was not eected he
| did not want him to have the position. Re was Il
law abiding citizen and hoped the Investigation
would be conducted peacefully. All would be given
a chance to be heard.
Mr.. Fogler, counsel for Mr. Pitcher, addressed
the board. lie said the returns of the election in
ward two, on Monday, March Sth, showed there
election for Alderman. Mr.. Haney had not
majority of the votes cast, and his certificate of
election is void The certificate is not in accord
ance with the record. The oath of office is void
| and Mr.. Haney is not even acting Alderman.
| Mr.. Fogler said at the close of the election the
ward officers declared there election for
Alderman and adjourned. Mr. Haney was not de
clared elected and has not the color of AN election
The certificate was issued afterwards by their
own motion. The clerk and warden have nothing
to say about votes cast by men whose names are
not the list. Mr.. Fogler conended that the
Mayor had no right to the oath of office to be
administered. 1t unlawful and void. He be
lieNed Mr. Haney was not elected, the show
he was not, and the ward officers declared it and
adjourned the voting to the next day. If Mr. Haney
not elected then Mr.. Pitcher was. Mr.. Eogler
| then reviewed the manner of the election ON Tues
day, March 9th, which was the same as published
| last week.
| Mr.. W. p. Thompson counsel for Mr. Hanev,
| then addressed the board. He said he had sup
posed that scattering votes must be counted in or
der to ascertain if any had been legally elected
| but he had consulted Mr.. A. p. Could of Thomas
ton, who said the general election laws did not APP
| ply to municipal elections that scattering votes
| should not be counted and that the ward officers
did right in not taking them into consideration.
| Another point that ca Mr. Pitcher
was by MINOR W. H. Baker. Another vote
cast for Mr. Haney by Mr.. John J. Hanlon,
| whose name in copying from ward one to ward
two was accidentally omitted blythe clerk This vote
was protested Mr.. Gould said that Hanlon had
right to vote and that check list was tabsolutc-
| ly necessary.
| Mr.. Foger said if Mr. Hanlon had a right TO vote
then Mr.. Ansel 5. Kelley hal Il right to vote for
the clerk in putting his name accidentally chang
ed the name to Anscl c. Kelly. He voted for Mr.
Pitcher under protest.
| Messrs. Hall and Brown objected to Mr. IIanev's
voting or acting with the board until the matter
| was settled.
| Mr.. Haney said he would not vote on matters re
| ating to himself unless it was necessary, but Mr.
Could Informed him he had perfect ii ght to. He
| asked for a full investigation.
| 1t was then voted to go into joint convention.
| ON motion of Alderman Dunton the question Of
going into joint convention reconsidered Mr..
| llaney voting.
| Alderman Dunton moved that the board proceed
10 lhvestgate the question of contested seat IN
| II by voting III the affirmative. Alderman Hall
then called for the yeas and nays:
| 1eas-Dunton and Mason.
| Nays-Brown and Hail.
The Mayor then asked EX-Mayor johnson if he
| mad a right to vote and johnson said he had no
| doubt of it, when the Mayor voted yea
ut was agreed on all sides that the Mayor hadno
voice in the matter of the contested seat the board
OF Aldermen were alone the sole Judges of the
election OF its members, and that the NIav0r is not
a member of the board of Aldermen.)
! On motion of Alderman Dunton it was voted that
| the contestants for Alderman of Ward Two present
tllel claims III writing and the evidence in support
of their claims in the form Of dispositions or alila-
Wits for the consideration Of the board of Aldermen
1T an adjourned meeting.
| Alderman Hall moved that the board meet the
Council IN joint convention The vote was tie,
| and the Mayor voted nav.
! The Common Council had notified the board that
| mat booty had organized and ready for bust
| On motion of Alderman Dunton the board adj
Journed to Wednesday afternoon at , O'Clock.
me Common Council passed vote insisting that
| the latter board had already adjourned.
| The Common Council organized by eecting
| councilman Arthur Brown president, and Way
| land knoWlton, clerk.
| On motion of Councilman Bouter it was voted to
| adjourn to Wednesday afternoon, March IL, at
O'Clock for the purpose of holding a joint conven-
| tloh, OF any other business coming before them.
WEDNESDAY AFTERNOON
| Both boards met in separate bodies Wednesday
| afternoon at o'clock, agreeable to adjournment.
| The hrst question that came up one to inves-
| tgate, when the was IA tie the Manor casting
| the deciding vote to proceed.
TINS brought the question of the Mayors right to
| vote on the question.
Mr.. Baker said as near as he couId ascertain his
rights he should preside and vote all questions Of
le excepting the vote on seating either of the con
| Mr.. Hal read from Cushing's manual that con.
| tes!aht5 should Withdraw during the trial, and
CANNED that the board Of aldermen alone We're
Judges OF the election OF its members
| In reply to question from Mr. Brown, Mr..
Baker SAD It was his duty to preside and he pro
posed TO do it. If Brown knew of any way to Dust
| nm ne had better proceed to do it.
| AT tins point the Common Council sent mes
sage saying they were ready to go into joint con
alderman Hall moved that the board go into
| joint convention.
Alderman Hall called for the yeas and nays.
leas-Messrs. Brown and Hall
| Nays-Messrs Dunton, Haney and Mason
| Alderman Brown protested against Mr. IIanev's
voting The Mayor said Mr.. Haney had as good
right TO vote as any man at the table.
Mr.. Williamson, counsel for Mr.. Pitcher said he
mad a proposition to make, which in substance was
that all parties agree to leave the whole matter to
Chle1 Justce Peters, and agree to abide by his de
csion He spoke of the feelings excited, and plead
ed for harmony, al were gentlemen, and as the
question was one of law it ought to be sa factory
| Mr. Fogler spoke in the same strain.
| Mr. Thompson, counsel for Mr.. Haney, said in
asnuch AS some otler questions bearing upon this
| matter might reach the courts he suggested that
| Ex-chlef Justice Appleton, or EXJudges Barrows
rsymonds be substituted for Judge Peters.
of the gentlemen.
In the Common Council A. A. Small, assessor,
resigned and his resignation accepted.
mali hour recess was declared to consider the
matters of reference.
| At the reassembling of the board Mr.. Geo f.
| johnson spoke for Haney and said he had been
unable TO procure his assent to the proposition.
But after the testimony is out he might be able to
90 SO. Had the proposition been made earlier it
might have been considered.
The board then proceeded to consider the ques-
| ton of investigation.
Mr. Hall raised the question of the legality of the
| board.
Mr. Fogler did not object to Haney or Baker set
ting, at the board, but when they came to vote
| he should protest.
| Mr. Williamson then presented the claim of T.
| W. Pitcher to his seat as Alderman. First, that
| the election on Monday March Sth showed no cleo
ton; that the meeting adjourned to Tuesday March
8; at the last meeting he elected at the meet
ing of the city organization he appeared and claim
ed the oath.
| Mr.. W. p. Thompson presented G. W. Haney's
| claim First that he was elected on Monday March
Sth, receiving l55 votes, and with those cast by
j. j. Hanlon, w. J. Gordon and Andrew Fahy,
| lunder protest. he had los votes; that Pitcher
had but l53, that the votes cast for j. c. Hall and
IL. IL. Carter, should be thrown out as not eligible
| and that John kmball who voted for Pitcher was
| resident of ward one.
Mr.. Pitcher claimed that Ansel S. Kelly should
be counted for him, as his vote was refused, his
name not being on the list
MI w llllamSon then read afhdaVltS to prove an
adjournment of the election on Monday as follows :
Z. NJ. Craig, warden, j d. Tucker, W. X. Stoddard,
Michael Collins and Enoch c. Hilton
He then read the record of the recent elections.
Thompson, to prove that w. II. Baker a min
or read affdavits from u. ID. Gould, clerk of the
town of Jackson, M. S. Stiles, Jr, and Reclman
Body OF same town, Elizabeth c. Neson of Win
terport, Caroline G. Baker, mother of William
She would not swear to his age Also of 0. e.
White to the residence of c. j. Hall and II. III
Carter. Also of J. Y. Hanlon, VIM J. Gordon
and Andrew Fahy in regard to their votes being
received. From &. NJ. Craig and b. H. Conant,
who said the first election not adjourned, and
from l.. A. Knowlton and Chas. b. Eaton on the
matter of HanlOn and kimbal.
In rebuttal Williamson read the affidavit of Mrs
c. L. Baker, the mother of William, who said her
son born March 2, 1865, and of his sister
Emma f. Clark. Also for o. +. Lampher and
Frank H. Smith that they went to vote in ward two
for Pitcher and their votes were refused because
their names were not on the list.
The meeting adjourned to this afternoon at
O'Clock. Before adjournment the board of Alder
men refused to accept the resignation of A. A.
Small, assessor Haney voting.