The Portland daily press., 1893-03-09
STATE OF MAINE,
CUMBERLAND SIS.

CUMBERLAND S.
To the Supreme Judicial Court:
James G.. Kent of Portland, in the county of
Cumberland, in said state, respectfully repre-
SeItS
That he is and was at the time of the election
hereinafter mentioned. a resident and legally
That on the sixth day of March, A. D., 1888,
an election was legally held in said ward for the
election, among other municipal officers, of three
common councilmen as members the common
council of said city from said Ward 8. That
your petitioner. at said election, was Repub-
ican 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 in said ward for COM
mon cOuncilmen was as follows: Your peti-
toner received five hundred and ninety-four
the only other persons who were voted for as
common cOuncilmen received votes as follows,
namely: Lyman M. Cousens. six hundred and
twenty Walter L. Lelav4r ye hun and
and fifty-fve; William N. Howe, five hundred
and sxty-three; Millard F. Hicks. five hundred
and seventy-one; Leland s. Coffin, fourteen;
Thomas A. Cakes, fourteen Henry I. 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 a 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 a 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
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 off1ciated as such at said election.
That said ward clerk has neglected and refused
to deliver to your petitioner, within twenty-four
hours after said election or at any time hither-
to, although more than "a hours have elapsed
since said election, and although requested SO
to do, a certificate of the election of your petit
toner as one of the common councilmen from
said Ward 8.
Inasmuch as your petitioner is without legal
redress in the premises, except by the interpo-
sition of the powers of this Honorable Court
on such behalf made and provided your petit
TONER prays that a writ of nlandamus may issue
from this Honorable Court, to said Charles Col
Inns as ward clerk OF said Ward 8, OF said Port
land, commanding him to forthwith deliver to
your petitioner, certificate of his election as
common councilman from said Ward 3 and
your petitioner prays that a 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,H any they have
why the prayer OF your petitioner should not be
granted. and writ OF mandamus issue as
pated at Portland Me-, this sth day Of
[Signed] JAMES c. KENT.