The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1895-07-16
Resulted in Expense We and Needless
Litigation.
SEC. LEIGHTON ELECTED RE-
CARELESS OF ALLEGED IL
LEGAL VOTES.

d
Oversight In Figuring Caused Eek
Secretary Whitney to Refuse to Give
Up the Books.
Yesterday before Judge Strout, of the
Supreme Court, occurred the hearing in
the Cumberland County Agricultural
Society controversy, relative to the petit
ton for writ of mandamus whereby the
society seeks to recover from ex-Secretary
Benz. T. Whitney the society's books,
be claiming that the last election was
illegal and he is still secretary and entit-
led to hold the books. @
Dion. Warren H Vinton, of Gray,
president of the society, represented the
petitioners. His counsel was Hon. M.
p Frank. Mr.. Whitney's counsel was
John A. Waterman, of Gorham.
nTse hearing opened with the statement
BIZ Hon. NJ P. Frank of the substance of
the petition for writ of mandamus to
cause ex- Secretary Whitney to deliver up
the books of the association to Charles II.
Leighton, who was elected at, the last
meeting to be secretary of the association.
Mr. Frank read the respondents answer,
which claims that the constitution re-
euires that every legal member shall have
paid $50 for his ticket of membership and
shall have signed the constitution. 1t
included list of names of those who had
not signed as follows:
J. A. Traitor, j. E. Trafton, c. E.
Davies, Levi E. Wescott and Chas H.
Leighton, of Westbrook; George Z. john
son. Leonard G. Grounard and Charles E.
Grounard, of Gorham; A. S. Collins and
B. F. Larrabee, of Scarboro, and War
rem II. Vinton, of Gray. These all voted
at the meeting for Charles H. Leighton
for secretary They were not legally en-
titled to vote, because, as claimed, they
had not subscribed to the constitution and
bylaws of the society. Furthermore j.
A. Trafton, J E. Traitor, G. f. Davies
and George L. johnson were not legally
entitled to vote because they had not
at that time each paid $50 for their ticket
of membership. Therefore not more than
SO legal votes were cast at said meeting
for secretary and Charles H. Leighton
did not receive of legal votes more than
go, which is less than a majority of all
the legal votes cast.
Mr.. Frank read from the constitution
to show that originally the price of a life
membership ticket was So, that later it
was SO and that within the last few years
it has been $50.
CHARLES Fl. LEIGHTON.
Mr.. Charles H Leighton of Westbrook,
was the first witness for the petitioners.
He was present at the annual meeting at
Gorham last January and President Vim.
ton presided A vote was taken for new
secretary. The result was that the total
vote was Is. Chas. H Leighton had 35,
BENZ. F. Whitney 81, Chas. +. Barrett 8,
and f. D. Scammon 1. Mr.. Leighton
was declared elected.
Witness made record of that meeting
from memory. The record was produced
and read. 1t stated that there was full
and free discussion of the question Of
issuing life membership tickets to certain
persons for SO each. 1t was voted that
the action of the directors in this regard
be approved 1t was also voted that in
the future life membership tickets
should only be issued on payment of $50
Cross examined by Mr.. Waterman. His
notes did not show how many were pres
ent at that meeting. He was present al
the time. The motion was made by Mr.
Barrett Of Deering, that the society ratify
and confirm the doings of the trustees il
regard to the issuing of life tickets for ST.
each
Witness joined the society in September
1883, by the payment of S. and by sub
scribing to the constitution. The admis
sion fee then was SIS. Mr.. Waterman
presented the constitution to the witness
and asked him to find his signature in it
He looked it over and found his name
but wasn't sure that it was his writing
He was not willing to swear that it wa
his own signature.
Questioned by Mr.. Frank, This name wa
signed to that constitution with his ap
proval.
Cross-resumed. He did not know whe1
it was put there. 1t may have been pu
there within week.
Direct-resumed. No protest was made
to the vote by which the action of thu
directors was ratified. No objection wa.
made to the election of the secretary al
that time. Just after the meeting, Mr.
Whitney expressed a Willingness to Civ,
up the books to witness, but later sale
that he had changed his mind He ha
since declined:to give up the books. A
the annual meeting when it was statet
by President Vinton that an opportunit,
would be given for all to sign the consti
tuition who had not done so, witnes
asked Sec Whitney if his name was ther
and it was replied that it was and tina
he was all right.
Gross resumed. Witness did not remem
Der that Mr.. Whitney made protes
against the taking of the vote for secre
tary on the ground that there were illega
voters. He could swear that he did no
hear him and was present in the hall al
the time.
PRESIDENT VINTON.