Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1893-03-10
JUDGE WALTON
Tells Portland Democrats that
Republicans were Elected,
And they Should Withdraw ciaims--
Democrats Object to This
But Oder Compromise Plan foT All Supreme
Judges to Settle Case

PORTLAND, March 9--Thursdsy morn
ing hearing was hal before Judge Wal
ton on the petition for a msndamas to COM
pei the wari clerk in wara 3 to issue cerri-
iicates of election to tso Republican ceun-
cilmen claimed TO have been elected Mon
day but ho were declared nos elected he
canse they DID not have a majority of all
the votes cast, including blanks.
For the Republicans Hon j. H. Drum
mond conducted the ease, and for tle Dem
oersts s. c. Strout.
After formal opening by Mr.. Drummond
who read the records and shpwed the vote
as returned the bearing took an Informal
turn.
Judge Walton said ii was clear to him
that the Republican candidates were elected
and asked Mr.. stroat 10 show why not
Mr.. Sfrout brought forward the blank
| ballot arguments. hut the court -aid posi-
lively that the blank ballots did not couat
/ and Mr.. Stront failed to conyice the court.
The judge SAID this is an important mat
ter. II the two Demo ratie couneilrnen
! claimed TO have been elected Yesterday are.
seated, the city cannot do any legal busi-
ness, can't elect legal officers or collect
| their taxes The court said To Mr. Strout
! that the only sensible thing 10 do would be
to offer certificates of election TO the two
Republican candidates.
The court said that it didn't want TO issue
an order to that effect, but advised the
Democrats to do it without an order and
gave them until O'Clock this afternoon to
do do SO.
The hearing was resumed this afternoon
The democrats announced that they had
decided not to accept Judge Walton's advice
and concede the Republicans election, and
therefore they would submit to having a
writ Of mandamus issued against them.
The judge made an address of some
length. He told the Democrats that the
sensible thing would be to allow two Re-
pubiicans TO take their seats and then two
Democrats, but if not satisfied they could
have their case decided by tile court on a
quo warrsnto. lie said that ii the Republi-
cans were seated that there could be no
doubt of the legality of the city govern
ments acts and they would be sustained by
the courts. but if the Democrats were seated
there wonld be grave doubts AS t. whether
the city councils acts would be legal and
the court might not sustain them The
Democrats persisted and signiiied willing
ness to take ali these chances.
Accordingly the judge ordered an alter
nate writ of mandamus to issue, returnahle
tomorrow afternoon, when there will be
another hearing and the writ will probably
be made peremptory. This will compel the
clerk 10 issue certificates 10 the Republicans,
but as he has already issued certificates to
the Democrats there may he two sets of
claimants for the two Ward seats next
Monday, when the city government organ
izes. 1t is not decided what steps will be
taken in that case, but the Republicans will
take every advantage the court will give
them having been assured by Judge Wal
ton that their men are legally elected.
The Democrats this afternoon seemed
disposed to make all the delay the law will
allow, but tonight they have showed signs
of weakening and have Inade a proposition
to have boti the Republican and Democrat
candidates keer out of their seats until the
case can be passed upon by all the judges
OF the supreme court. The papers are to
be sent to each in turn by mail as qrickly
~ possible. As the Republicans have al
ready 10 nembers of the common couucl
to nine Democrats. the vacancy of these
two seats for the time being viii not be a
disadvantage to the Republicans and The
proposition will probably be accepted,
though the decision may not be fully made
until tomorrow.