Morning journal and courier., 1893-12-13
THE TOWN AGENCY CONTEST,

AAAz - W " AS1HENo OVN AnCAe Robert E.. Baldwin Applies to the Court for a Hearing-The Applica- tton Granted and Thursday Morn. ing Assigned for 8 Hearing-John Garrity Notified to Appear and shew
 Cause Why the Petition Should Not
 be Granted.
 The much mooted question as to whether Robert E. Baldwin or John Garrity has been elected first selectman of the town of New Raven has at last been carried to the courts and now bids fair to be definitely settled within reasonable time. Yester. day Attorneys Herbert E. Benton and James Bishop, counsel for MT. Baldwin, appeared before Judge Hall and presented petition and asked that hearing be as- signed, when he would hear arguments for and against the petition.
 In response to the petition Judge Hall assigned the hearing for to morrow morn- ing at Il o'clock, and also signed an order to give notice to John Clarity of the hear ing and ordering him to appear and show cause why the prayer of the petitioner should not be granted. The full text of the petition and order Is as follows:
 To tho Honorable Frederic B. Hall, Judge of tho Superior Court for the State of Connecticut:
 The petition of Robert E. Baldwin of the town and county of New Haven respect l fully represents:
 1. That on the first Tuesday of Decem- Der, A. D., 1893, there was held in the 1 town of New Haven 8 town meeting for the election of town officers, which meet ing was duly called by a written warning | signed by majority of the selectmen of said town and set upon the sign posts in said town five days previous to holding said meeting, and on the first day of De- l cember, A. D., 1893, and before the day of ! said meeting, said selectmen caused copy | of such warning to be left with the town clerk.
 9. On said day, at said meeting, your petitioner was elected selectman of said town of New Haven, and was the person first naned on plurality of the ballots legally cast fer selectmen at said meeting of said town, to wit, 6,705, no other per son being first named on more than 6,6s8 ballots; and thereby, by virtue of the stat ute in such case made and provided, your petitioner became entitled to hold the office of, and to oficiate as first selectman of said town.
 3. The moderator of said town meeting failed and neglected 10 declare that your petitioner was the person first named on a plurality of the ballots legally cast for selectmen, or that he was elected first selectmen of said town. 4. John Garrity, of said town of New Haven, was also elected a selectman by | said town at said meeting and claims to be the first selectman of said town and is per forming the duties of said office, and has refused to recognize your petitioner as | first selectman and to allow him to per form his duties ss first officer, although re- | quested to do 50.
 l Wherefore, your petitioner prsyg that you will take his case into consideration inquire into the truth of the foregoine allegations and on finding them to be trut | grant him 8 certificate of his election as | first selectman of the town of New Hsver and such other relief as may bs proper 1T the premises.
 Dated at New Haven, Conn.,, this 12tl day of December, A. D. 1893. | ROBERT E. BALDWIN, | By his attorneys,
 HERBERT E, BENTON,
 JAMES BISHOP.
 Upon the foregoing petition of Robert E
 Baldwin, praying for reasons therein SC forth that certificate of his election 8 first selectman of the town of New Have be granted him, 1t is
 Ordered, That said petition be heard 8
 the superior court room in the town c
 New Haven on Tuesday, the 18th day c
 December, A. D. 1893, at Il o'clock in tn
 forenoon, and that notice of the penderc
 of said petition be given John Garrity, C
 said town of New Haven, by leaving wit
 him, or at his usual place of abode, on c
 before the 18th day of December, A. I 1893. true and attested copy of thl
 petition and order, and said Garrity
 ordered to appear at said time and place t
 show cause, If any he have, why the pray
 CT of the foregoing petition should not t
 granted.
 To any proper officer to serve and r ! turn.
 Dated at New Haven, Conn, this 12t
 day of December, A. D. 1893
 F. B. HALL,
 A Judge of the Superior Court for the Stat of Connecticut