The Portland daily press., 1895-07-13
Mr.. WHlTNEY'S ANSWER.
He Tells Cumberland County Agricultural
Society Why He Does Not Give Up the
Books.

There has been filed in the office of the
clerk of courts the answer of the respon-
dent in the case of the Cumberland
County Agricultural Society VS.. BENZ. F.
Whitney. The answer is made by Mr..
Whitney through his attorney, John A.
Waterman, Esq of Gorham.
In this answer Mr. Whitney declares
That, under the constitution and by
laws of said society, which We're in force
on the first Tuesday of January, 1895,
and are now and have been in force ever
since that date. any person may join the
society by paying tweny dollars to the
treasurer and subscribing to the constitu-
t1on; that said bylaws and constitution
provide no other way by which member
ship IN said society may be gained; and
that life members on have the right to
vote at meetings of said society; that at
its annual meeting held at Gorham on
the first Tuesday of January, 1896, there
| were present, with certain members of
| said society, the following named persons;
viz: j. A. Trafton, G. E. Davies, j. E.
Trafton, Levi E. Wescott and Charles
III. Leighton, all of Westbrook; George
L. johnson, Leonard c. Grouard and
Charles p. Grouard, all Of Gorham; and
Warren III. Vinton, of Gray, and certain
other persons, whose names are now un-
|
voted at said meeting in the choice of a
secretary for said society for the year
next ensuing, and all .of whom voted for
said Charles H. Leighton for such sec
retary.
That said J. A. Trafton, ]. E. Trafton,
G. r. Davis, Levi E. Wescott, Charles H.
Leighton, George Il. johnson, Leonard
q Grouard, Charles E. Grouard and
Warren H. Vinton were not lawfully en-
| titled to vote in said meeting, because
as your respondent AYERS, they had not at
that time subscribed to the constitution
or bylaws of'said society, nor had either
of them at that time SO subscribed, and
further that said J. A. Trafton. j. E.
Trafton, E.. Davis and George T.
johnson were not lawfully entitled to
vote in said meeting, for the additional
reason, as your respondent AYERS, that
| they had not at that time paid, each of
them, twenty dollars to the treasurer of
| said society, and that said other persons
so present and so voting for said Charles
II. Leighton, were not entitled to vote in
| said meeting, for one or all of the reasons
| above, given.
And your respondent AYERS that from
the total number of votes declared as
cast at said meeting for the choice of a
secretary of said society for the year next
ensuing, there should be deducted the
total number of votes cast by said per-
sons above named, who, as your respond
ent AYERS, voted unlawfully in said meet
ing; and that from the total number of
votes declared as cast at said meeting for
said Charles Fl. Leighton, there should
be deducted the votes cast by those not
entitled to vote The respondent alleges
that after making such deductions Charles
| H.. Leighton is found not to be elected
| That said Benjamin F. Whitney was
duly chosen secretary and qualified for
the office, and is therefore entitled to The
custody of the books
Mr.. Whitney closes by praying that the
court may not order him to deliver up the
books.