Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1892-05-26
SUPREME JUDICIAL COURT.
Law Term Middle District.
Sitting: PETERS, {. j.. WALTON, VRGtx
EMERY, HAskELL, WHITEHou>E

.ittiiiS LtEh~' l. de- w ALTON, ' iRt,lS, S,
EMERY, HAskELL, WHITEHou>E.
CHAs. HAMLIN, Reporter of Decisions.
W. S. CHoATE, Clerk.
G. 7. STEVENS, Sheriff.
Wednesday May %.
| The Sagadahoc Cases were taken up this
morning and the following argued.
Preble VS. Maine Central r. r. on Re
port argued by Baker for plaintiff, and
| Cornish for defendant
| Lander VS. City of Bath on agreed state
ment. Trott for plaintiff. Hogan for de-
fendant.
Oliver VS. Bailey and ais on report Hogan
for plaintiff. Trott for defendants.
The Mandamus case from Androscoggin
county was then argued by White and Say
age for petitioners, and George c. Wing for
respondents.
| Court comes in at $50
George c. Wing, arguing for the respon-
dents i'll support of their exceptions. said
| the charter of the city clearly recognizes
four parts to the municipal unity. viz. the
mayor, the board of aldermen, the common
| council and the city council. The neccs-
| sary step to elect subordinate officers were
| as follows; First the mayor calls the
board of aldermen and common council
together and they meet in separate bodies :;
second, each body by concurrent
vote passed an order to 20
into joint convention third, in pursuance
to the order so passed the members of the
board of aldermen and common council
meet in one body known in the charter as
the city council; fourth. when so assembled
they elect city officers. The city council is
the only board recognized by the charter
which can elect these officers, and the man
date of the court must issue. if at
all to the city council in its entirety. The
mandate in this ease was to the board
of mayor and aldermen alone. and
therefore, he claimed, was Illegal. He
further contended that the act commanded
by the mandamus of the court in its per
emptory writ is not a ministerial act. but
one which involves the exercise of discre-
ton, and that therefore mandamus would
not lie. In closing he said the case had at
tracted the attention of lawyers and citizens
alike. and that its consideration and de-
cision would settle questions that are of
great public interest not only to the profes-
sion but to the public as well
W. II. White. arguing for the petitioners
said that rather a fuller statement of the
case was necessary than was given by the
respondents counsel in order to get at the
point at issue between the parties, and to
determine just what the relators asked. He
then went on to say that the alternative
writ was directed to the aldermen az a
board, naming them each, and requiring
them as a board to meet the common coun-
Gil in joint convention and elect the eitv
officers. The hitch in the whole matter
was that the board of aldermen refused to
act. The prayer of the process was that
they be required to act and to do those
things which the charter and ordinance re-
quired them TO do. The common council
had always been, and were now ready to
act in joint convention with the aldermen
In answer to the argument of respondents
counsel that the whole city council should
be joined, he said that the law only required
that the whole body which declined to act
should be Joined in the writ. and that had
been done in this case.
A. X. Savage followed. also for the pc
titioners. He said that while the case had
been fully and clearly presented to the
court, he wished to emphasize some points
by repeating them. A duty rests upon
some members of the Lewiston city gov
ernment. They refused to act. and the
question presented was. could the court
compel the performance of tina. duty The
common council and aldermen have taken
different views of the matter The com
mon council had taken the proper steps to
hold a joint convention and 1t was contrary
to the spirit Of the present proceedings TO
issue mandamus TO compel willing per-
son. The common council had directed the
relators to take proceedings by appropriate
remedy. The court took the case under
a,Iyisement