The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1896-12-03
TOWN AGENCY IN DISPUTE
B. B. B4LDWIN IN POSSESSION or
THE OFFICE.

fh1lip Hugo, HIS Opponent, Claims the
Election-DemoCrats Quote Section 4S of
General Statute-Republicans Refer to
the Action of the Democratic Majority in
1898.
Possession is nine points of the
law" said prominent republican poll
tician last evening, when asked what he
had to say about the town agent mud
die. NH. Baldwin is not at all likely
to give up to these men and say: Gen
tlemen, Mr.. Hugo is town agent and
l am not doing the correct thing to hold
the office Mr. Baldwin does not be-
lieve that the silver democrat was
elected, though the count is said to
show that he received more votes than
he baldwin, did"
Reiterating the statement made in
the beginning of his speech the gentle
man assured the representative of this
paper that such would be Mr.. Baldwin's
policy.
The republicans claim that the stat
ute allows the board of selectmen to
appoint the town agent, and they
quote the precedent of Captain Car
ritys holding the position by virtue of
this kind of an appointment, when the
present town agent quoted the decision
given by the supreme court in the six
tieth Connecticut reports. The demo-
fJsa re fp1oi o6 "a could a1not hNy
force and reason of their ability to do
So they having the majority Now
that the tables seem to be turned and
the republicans have the majority and
with it the ability to elect one Of their
associates to the position, the demo-
Gratis do not think as much of the
power to chose a town agent as they
did. They quote section AS of the gem
eral statutes which says:
Section 4S, General Statutes of Con-
necticut: "Of the persons elected select
man by amy town, the person first
named on a plurality of the ballots
cast for them or any of them shall be
first selectman and, in the absence of
a special appointment shall be ex-otficio
the agent of such town.
On the other hand the republicans
suggest that the last lines of the sec
ton: And in the absence of a special
appointment shall be ex-offfcio agent of
the town. They say by this provision
the members of the board may appoint
especially and there is none to hinder.
Whether or not this is SO may have to
be determined in court.
In the case of Edgar w. Pinney VS..
Frederick j Brown, sixtieth of Con-
necticut reports, the court held that
Frederick ]. Brown, who was selected
by the selectmen of the town of Water
bury to act as town agent, could not
hold the office.
On the ballots voted at that time and
upon which Frederick ]. Brown claimed
his elecion, having 2,07O votes, while
Edgar w. Pinney received but 1898,
were the designations ''for town agent
and agent for the town deposit fund"
The court held that there was no stat
ute providing for any such office in a
town as town agent also that no stat
ute defined any duty to be performed
by such an officer.
The court held that "a town may APP
point an agent for any proper purpose,
but 1t was necessary that it be done
by a vote in a, town meeting duly warn
ed for that purpose"
The democrats are now banking upon
this decision, which they say throws
the selection of a selectman back where
| it belongs upon section 48 of the gem
eral statutes.
Last night some of the more radical
members of the party said that Mr.
Hugo would be at the town agents Of
| flee this morning and would attempt
to take possession. Failing in this he
would Immediately institute proceed
| ings. The counsel in the case would
have nothing to say.
| Town Counsel Goodhart said that he
was looking into the question.
| While all this has been going on
Town Agent Baldwin has been holding
the post at the town agents office.
The true status of the democratic side
will be shown tomorrow probably,
when by a custom established in the
| days of ex-Town Agent Reynolds, the
work of the new year began. Baldwin
had not attempted any overt act all
| day yesterday and there was nothing
| to proceed against.
| From all that could be gathered from
all sources last evening there is little
doubt that Mr.. Baldwin will continue
| to exercise the duties of the office of
town agent for the next year.
The members of the board of select
men elected Tuesday held a meeting
| for the purpose of organization yester-
| day at the town agents office in the
| city hall.
| The new members present were
Messrs Sucher, Kelly, Hugo and Kin
ney. Baldwin, Judington and Cum
ningham, reelected, were also present
| Previous to the session ex-Congress-
man Pigott stated before the ard that
Philip Hugo had been elected town
agent by Tuesdays election. The
| speaker continued: "He is here to per-
form all the duties of the Office, and if
any person interferes with him it will
! be against the law"
At the selectmen's meeting Captain
Ludington was nominated for presi-
! dent of the board by Mr. Kelly He
| was elected without any opposition
| Major Sucher's nomination of Mr.. Per-
ry as temporary clerk also passed the
/ board.
| Upon the nomination of Selectman
Baldwin the board adjourned, subject
| to the call Of the chairman.
In previous years there has been no