The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1896-09-04

toner Has Been Unreasonably Denied
His Rights.
The mandamus case of l.. B, Chapman
against L. Frank Jones, City Clerk Of
Deering, was heard yesterday before
Judge Strout, Of the Supreme Court.
City Solicitor B. v. Matthew'S. with
Judge Peabody, appeared for City Clerk
Jones. and W. H. Loonsy appeared for
Chapman. The petition for the manda-
mus reoites that "on the Goth of Februa-
~, 1895, and at divers times since that
date, your petitioner courteously and Ie-
spectfully requested said L. Frank Jones
to permit him to examine and inspect the
books and records of said city of Deering
in his possession, custody and control as
aforesaid .sbut that said Jones unreason-
ably refu sed and neglected to allow HIM
to examine and inspect said books and
records and still unreasonably refuses and
negleets to permit him to examine aud
inpeot them.
"Your petitioner further respectfully
represents, that upon divers days during
the usual hours of business, he has called
at the office of the said City Clerk in
said Deering for tha purpose of inspect
ing all the books of said city. and the
reports and vouchers relating to the f.
nanoial transactions in behalf of said city
of Deering, there kept in the possession,
custody and control of said L. Frank
Jones as said City Clerk, but that said
Jones, at said divers times,'' etc., "un-
reasonably neglected to keep all the books
Of said city. and said reports and vouch-
ers open to his inspection, and still un-
reasonably negleots and refuses to do 80. -
Therefore the petitioner prays that a
writ of mandamus be issued to compel
Mr.. Jones to allow the inspection.
There was a considera BILE attendance
of Deering citizens when the case was
opened, including Mayor Mitchell, Judges
Elder and Hopkins, Andrew Halves,
James N. Read, ". H. Motley and ex-
Aldermen Hutchins and Pierce, x-May-
or Sawyer, ex-Street Commissioner
Walker, DR.. Foster, ex-Alderman Jacobs,
City Marshal Berry, Chief Moody, of
the Fire Department.. Mr.. Chapman and
Mr.. Jones were present with their at
torneys.
reoites as follows:
First. that he (the City Clerk )did not
on the Goth day of February, 1885, nor
at any time or times since that date,
upon request of said relator, unreasona-
bly, refuse or neglect to allow him to ex.
anime and inspect the books and records
of the said city of Deeling in his possess
sion, custody and control as City Clerk
of said city, and does not now SO refuse
and neglect as the relator has alleged n
his petition.
"Second, that he has not at any ime
or times during the usual hours of bust
ness as said City CLERK unreasonably neg
lected to keep all of the books. reports
and vouchers relating to the financial
transactions Of said City Of Deering
which were kept in his possession. GUS
tody and control open to the relator's
inspection, and that he does not unrea-
sonably neglect or refuse so to do, as the
relator has alleged in his petition.
"Third, that the conduct of the relator
towards the respondent as City Clerk of
the City Of Deering has been inequitable
"Heurth, That the purposes for which
the relator claims continual inpsection of
the books records and vouchers of the
city of Deering In the respondents GUS
tody as City Clerk Of said city are pre-
judicial to public interests, hindrance
to public transactions and an injurious
Interference with the rights of third
parties, and the court in the exercise of
its judicial discretion, may properly deny
the writ of mandamus.
Mr.. Looney, in opening the case for
the Petitioner said that the latter was a
member Of the Maine Historical Society
aud Genealogical Society. and editor of
the Deering News. The first time he was
refused access to the documents by the
assistant in the office; and whsn Mr..
Jones returned be told Mr.. Chapman
that be could not see the records when
he was not there. Later also The petit
toner was refused ACCESS to the reports
of the street commissioner and city
treasurer. Mr.. Looney claimed that his
clients dignity was assaulted by suoh re-
fusals, and that he was subjected to un-
reasonable annoyance. since the City
Clerk was the servant Of the people, and
in duty bound to give oiti zens access to
the records This was incumb bent upon
him, both by common law and statute
law.
Mr.. Chapman, upon taking the stand,
said that he was born in Deeying and
had lived there most of his life. He was
put down In the directory as nursery
man. He edited the Deering News,
was member of the Historical and
Genealogical societies, and editor of the
Yor K Deeds.
"Ho called at the clerks office on the
date alleged in the petition, Feb rs, and
asked to DO shown a record. Miss Wy
man, the assistant, said she did not
show records in the absence of the olork.
He asked if Mr.. Jones was about, and
she said she did not know. Again he