The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1893-03-09
STATE OF MAINE,
CUMBERLAND IS.


To the Supreme Judicial Court:
Walter E. Lefavor of Portland in the county OF
Cumberland in said state, respectfully repre-
Sents:
That he is and was at the time of the election
hereinafter mentioned. a resident and legally
qualified voter o. Ward B. in said Portland.
an election was legally held in said ward for the
election, among other municipal officers, of three
common councilmen as members OF the common
council of said city from said Ward 8. That
your petition er, at said election, was a Repub-
lican candidate for one of the common council
men from said ward, legally nominated by the
Republican voters of said ward, and that his
name, as such Republican candidate for COM
mon councilman was printed upon the Off ial
ballot used at said election in said ward. That
the result Of said election II SAID Ward 1or com
mon councilmen was as follows: Your pet
TONER received five hundred and ninety-four
votes as common councilman from said ward and
the only other persons who were voted for as
common councilmen received votes as follows,
namely: Lyman M. CousenS. six hundred and
twenty; James G; Kent, FIVE hundred and
ninetyffoIr F Wa' H. TerrI y ye h hndred
and sixry-three; Millard F. Hicks, fiye hundred
and seventy-one; LELAND S. Coffin, fourteen;
Thomas A. Oakes, fourteen: Henry |. Holland
thirteen; William w. Latham, one, and Daniel
Choate, one; and twenty-four blank ballots
were thrown on which no person was voted for
as common councilman from said ward. All OF
which appears by certified copy of the record
of such election made by the ward clerk OF said
ward to the city clerk of said Portland, in the
evening of the day of said election, and by the
record of the same entered by said city clerk
on the records of said city. So that, as the re-
suit of said election, your petitioner was elect
| ed by ballot by majority of the votes given in
| said ward at said election. as one OF the three
| common councilmen which said ward under
the provisions of the charter of said city of
Portland, is entitled to send to the common
council for the ensuing municipal year. That
| by the provisions of Section Thirteen, OF said
| city charter it is made the duty of the ward
clerk of said ward, within twenty-four hours
after such election, to deliver to the persons
elected to office at said election from said ward
certificates of their election, and to forthwith
deliver to the city clerk certified copy OF the
record of such election, That Charles Collins
was the ward clerk of said Ward at said cleo
! ton, and officated as such at said election.
/ That said ward clerk has neglected and refused
to deliver to your petitioner, within twenty-fOur
to, although more than "a hours have elapsed
1 since said election, and although requested SO
to do a certificate of the election of your petit
! toner as one of the common councllmen from
/ said Ward 3.
Inasmueh as your petitioner is without legal
redress in the premises, except by the lnterpo-
| stion of the powers of this Honorable Court,
on such behalf made and provided your petit
| from this Honorable Court to said Charles Col
| Inns as ward clerk OF said Ward 3. Of said Port
| land, commanding him to forthwith deliver to
your petitioner, a certificate of his election as
| your petitioner prays that rule of court may
| forthwith issue commanding said Charles Col
| Inns, and such other persons as this court may
deem interested In these proceedings, to appear
| at such time and place as this Honorable Court
may order, and show cause, if any they have,
why the prayer OF your petitioner should not be
| granted, and writ of mandamus issue as
Dated at Portland, Me-, this 9Th day of
March, A. p, 1898. Counsel.
GSigned1 WALTER L. LEFAvoR.