Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1896-08-19
THE PROS AND CONS.
Court Hears Testimony in the Bangor
Nomination Cases.
Secretary Fessenden Gives OpInion-Decision
Held Until Next Week,

i'diSoi, AUG -Nopeclal) The Au-
gust term of the Penobscot county SUI
preme court, Judge Enock Foster pre-
siding began today. An unusually
large attendance was present owing to
the fact that the hearing on the man
damus in the Republican nomination
matter was due at this time.
After the empanelling Of the traverse
.juries Judge Foster called the manda-
mus case. The respondent was Secre-
tary of state Fcsscnden, who came in
to court at 1920 o'clock. Judge Foster
announced that he had deemed il nee
essary and had called to his assistance
Chief Justice Peters and Associate JUS
ticc WiSWell The three Justices then
took seats on the bench.
Mr.. Chaplin counsel for the petition
erS. addre ssinG the court read the pcti-
ton which set forth that Charles s.
Pearl and Joab W. Palmer Of Bangor,
had been nominated as representatives
to the Legislature at a regularly called
caucus of the Republicans of the said
city of Bangor. The petition in sub
stance set forth that the said Pearl and
the official ballot.
Messrs Pearl. Palmer and Stctson
were nominated in a delegate caucus.
Secretary Of state Fessenden follow
Ing Mr. Chaplin read the following
reply appearing in his own behalf
State of Maine
Supreme Judicial Court
In Vacation,
Penobscot S. s.
TO the Honorable Justices of the SUI
prGme judicial Court:
Inc answer Of Nicholas FeSscndcn
Secretary of the State of Maine. to thS
petition Of Charles 5. Pearl and Joah
w. Palmer Of Bangor. in said county
petitioners for mandamus. who for
answer. respectfully protest against
any further proceedings by this honor
able court upon said petition for the
following reasons:
First. That the petitioners do not
have a specific legal right to have
their names placed on the official bal
the Republican group
second. That your respondent in. his
official capacity Of secretary of State
has neglected no duty, which by law
lie is bound to perform. as to the plac-
ing of said petitioners names on said
ballot for said electoral district in the
republican group aforesaid no time
being fixed for printing said ballot ana
no said ballot being in existence.
inird-Thc Republican purity of the city
ti ~. Wy S''iu hIhSor being an ceC
20 -. - "lS trlct dhdef the laws of Maine |
! ''ii i,i 70 thfHe representatives. to Tho
III :. IN Sdlll party being poit
m MIllHh cast therein at
= .i''i ma t1I eltctlon IN 1874, at least
o''I ,I; % lhg lot3l vote cast in said
, ''i al 1iotiit iof Governor, by correct, |
= ;, IL 1ili NdilI nomination certificates
~ 49, 80 -, nia sworn 70 thereih stating
~" I I WhlcH ny law Sait certificates |
~ ~ }uuird 70 St.iIe' ana accompanied by |
Ht',vi,t ~ WtilihS 81 me candidates
iT imi'.Gu, as provided by law. made
.lN COMMISSIONS iof candidates for rep |
So, ~ i, ~ 81 VI inc secretary OF |
1',y WYNN ~ ~ 'aySi exclusive 81 sun
rs1t II tSor ~ ~ ~ tltrtloh 70 DE heid
49, ~ ifN'' aH!i SIN nomination .oruti- |
,,, i,i1 Nv ; Plti.Ic9 oi consents. dNly |
,n, ',i1 ,ri ~ w SINE nelnS mere
,"ltc mo- ny tnr Avs OF TINS State
80 ~ ~ tl'V q. ,ic ~ p"HuVit' 4 puhilc OIL |
v.nntio o,.' - F',' X Hoiriy cnafSed with the
in MIX. ~ e N ~ Nv coilttoiililS inc ON
mo- a. pin1, oi tnr STATE. ihe duty Of juds-
fn, al no ti,i Us pH no !IA'u methods
.ifnt a lin
.,,iIot9 far t.nna, ,,r' !" i'l"1e Inr oiici'll
t,amoor ~. 'i,,.I III tht laidS OF the
is hams ,,r,t ,,'n' ~ = anu one SCI
which Of Tx I'll rpn"s ~ 4 el,,, non;
:. - ~ ,, a. 'I'' IN h%li'S SCI fortn IN SAID
,, ffriii i,t 5nail he printed upon the
..lch mimic otticnr ,,,,Ii, r '"''Vll III
- Shiu ei,rLo ora! dlStrict
Ter which YOUR responInnt 's s,i, MIMI, nl-
'hicer, is compelled to act in the cxecu-
''ii "i oili"lai uutleS OF a particular and
tour said r"snondent rs smrb n,,,,i Tiia a,H
a@r to do and perform his said duties a.
~ ~ Ii'i rA., 10 Inv; mas ueVoNed upon your
the eyclusiv iI1thorit, ~ o,.,,,
md control all details rendered necessary |
- ~ IN IN OF ms sad duties with
Fifth~That he law Which aa,o,,,o,.
upon your respondent as such public Off
a., "a ~, nt'cSSsiiS power 10 Judge. ana the
,lite It's nrdvisions az aforns,ii ~ ~, i'm
ltions being fixed by its provisions. has
~ tticu ,he hltltUr complained OF IN said
.iaI irdement Of vo,,r r.sna,'nn ~; -; III IL
'aracity as secretary of State. and not to
ne oilclai discretion and Judgment of
Whereforr The raspon,nnt nr,,.s that 10
nay be hence dismissed.
,+a 80 NJ, iiOl-AS FESSENDEN.
anm,,st = ,soc
Personally appeared the above named
\lchnaS FcSSenden, secretary of State of |