The daily morning journal and courier., 1895-02-21
TOWN COUNSEL'S OPINION.
SELECIIEN NEED NOT CALL 4
 SPECIAL TOWN MEETING.

Vote on Petition Resulted in q Tie Last
 Night-TOwn Fathers Will Meet Again
 To-day and May Decide in Favor of Cali
 ing Special Meeting.
 The town fathers held a brief session last evening to receive the opinion of Town Counsel Goodhart as to whether or not the selectmen had right to call a special town meeting at the request of Henry F. Peck and others for the pur- pose of favoring the consolidation of the town and city governments. Select man Brown was the only absentee, and at the close of the meeting no one seem ed exactly to know what action had been taken.
 The uncertainty came about in this way. After the town counsel had read his opinion and the subject had been in- formally discussed Selectman Forbes moved that the petitioners be given leave to withdraw and the motion was seconded by Selectman Cunningham. The vote was then taken and resulted in Selectmeh Forbes, Cunningham and Bretzfelder voting in favor of the mo- ton and Selectmen Baldwin, and Lud- lngton against it.. Before announcing the vote Chairma Stahl announced that he should vote in the negative, and ac- cordingly did so, making the vote tie, and he so announced the vote.
 The meeting then immediately ad- journed. At the close of the meeting Town Agent Baldwin claimed that the motion of Selectman Forbes prevailed by vote of to 2, and held that Se- feet man Stahl had not voted on the subject and in fact in his position as chairman had not the right to vote except tu dissolve a tie.
 On the other hand, Chairman Stahl claims that he did vote, had the right to do so and that the ballot resulted in tie. Under these circumstances he has called another meeting of the Selectmen for Il o'clock this morning. when the question will again come up for consid- eration.
 The town counseps opinion is sub stantially as follows: An application to the board of selectmen properly made which has for it's object the considera- tion of legal anu proper matter it is the duty of the selectmen to call a special town meeting, In the judgment of the town counsel, however, the object and purposes recited in the petition for the proposed special town meeting Is not one which the board of selectmen is by law required to consider as legal and proper and the calling of the meeting to accept or, reject the vote proposed in the application is a matter which lies wholly within the discretion of the board of selectmen.
 It is probable that at the meeting this morning the republican members of the board being in the majority, will vote in favor of the petition, and that a special town meeting will be held.
 The following communication was received by many prominent citizens yesterday:
 The first hearing before the legislative committee on the new charter will be held Tuesday, February 26, at pm.
 There will also be a town meeting called early next week for the purpose of instructing the selectmen on the consolidation act.
 To arrange for "a full representation of the friends of these measures at both of theme meetings a meeting of the committee will be held at the rooms of the Builders Exchange Thurs day evening, February 21, at 7;30 o'clock. As this will probably be the only meeting of the committee it is essential that every member be present
 By order of the chairman,
 CHARLES KLEINER,
 Secretary.