Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1896-06-04
MARSHAL HOLMES.
HIS RIGHT TO THE TITLE FSTAB.
LISHED BY COURT.
MAYOR GERRY HAD NO POWER TO RE.
MOVE AND NO POWER TO APP
PoINT-TO GO TO THE
LAW COURT.

|
! For the second time the CITY marshall
/ ship muddle has received the attention of
The supreme court, and again the decision
has been against Mayor Gerry's ap-
pointees.
This time the decision of the court goes
further than merely to remove the bogus
rshal, in that it establishes the title of
Thomas j. Holmes to the office OF city
marshal, and declares that his attempted
removal by the mayor was illegal and
void
In the first action, at the April term of
the supreme court, it will be remembered,
the respondent was jeremiah Hurley,
whom Mayor Gerry had appointed to the
office of city marshal. The court ousted
Mr.. Hurley from the office.
few days after this decision of the
court Mayor Gerry appointed Daniel J g.
Donovan To the office, making necessary
this second action TO remove him.
This action, rs in the previous one, was
brought in the name ~ the State. Hale
y liamlin appearing for the attorney
general. The hearing took place before
Judge William +. Whitehou-e ut "A special
term called for the purpose Tuesday
morning George b. Stuart and Daniel
l.. Hurley appeared for the respondent
Mr.. iiamlin read the bill OF iuf8rma-
ton, which set forth that Thomas j.
Holmes, the relator in the present action,
had been duly appointed aud qualified as
city marshal OF Ellsworth; that on the
fourth day OF May, 1895, 1.-The said Daniel
J. Donovan, without any lawful authori-
" therefor, usurped, used and exercised
the said office OF city marshal OF said city
OF EIl-W ii, and ever since has and -till
continues 10 usurp, use and exercise the
said Office and all the powers, authority
and emoIuments to said Office pertaining,
without any lawful warrant therefor, and
on said fourth day Of May, a. d., 1896 did
and ever since has prevented the said
Holmes from performing the duties Of
said office to which he was Ms aforesaid
appointed, to the great damage and preju-
dice OF the lawful authority OF the State
of Maine"
To this bill counsel for respondent filed
the following answer:
First That he denies each and every
of the allegations contained III said in
formation.
Second That he especially denies that
the retator, Thomas j. Holmes, was ever
duly and legally appointed city mars hal
OF said city of Ellsworth.
he the said respondent, has ever usurped,
used or exercised the said office OF city
marshal OF said city OF Ellsworth.
Fourth-That he especially denies hat
he, the SAID respondent, has ever pre-
vented .he said Holmes from performing
the duties OF city marshal.
Fifth-rhe respondent further answer
ing says, thHt II the rclator, Thomas j
Holmes, was ever appointed and qualified
Hs city marshal OF SAID city, he, the said
Holmes, was on the eighth day OF April,
lsg6, removed from SAID office by Hon
Robert Gerry, he duly elected ana quail
flied mayor OF said city, and that al the
date OF SAID Information said Holmes was
not city mars hal OF said Ellsworth.
sixth That he charter OF said city OF
EIlaW Orth makes the mayor of said city
the chief executive aglstrate thereof,
ana imposes upon him, the sA id mayor,
=
causing the laws and regulations of the
SAID city to be executed aud enforced hat
ON the fourth day of May, 1890 there
icing vacancy in the office OF city mar
-ha!, and there being no duly elected and
qualified police officer III said city, the
Hon. Robert Gerry, the duly elected and
qualified mayor OF said city, being
charged as aforesaid with the duty of
VIgllAntly and actively causing the laws
and regulations of he city to be executed
and enforced, did appoint the respondent,
Daniel }. Donovan, to represent and act
III the place instead OF him the SAID
mayor, i'll the performance OF his said
duties, then and there designated the said
respondent as acting city marshal and
special police officer without pay, and
thereupon the said respondent proceeded
to act and has acted rs the representative
of, and in the place and stead OF the said
mayor, in the duties charged upon the
mayor by said charter.
Seventh-That the respondent does not
claim to be the city marshal OF said city
OF Ellsworth, and that while he has acted
AS police officer and has performed acts
which appertain TO the office OF city mar
shall and police, he has performed only
such acts rs are necessary to cause the
laws and regulations OF the city to be
executed and enforced, and has claimed
and does claim authority SO to act, only
by virtue OF his said appointment as set
forth in the preceding paragraph Of this
answer.
The first witness called was City Clerk
Wyman, with the city records. He testi-
fed to the appointment and qualification
OF Mr.. Holmes as city marshal. He also
read from the records of the meeting on
May at which the aldermen voted not to
confirm Mayor Gerry's appointment of
Daniel j. Donovan as city marshal, and
the subsequent announcement by the
mayor that he appointed Mr.. Donovan as
acting city marshal ana special police
without pay.
City Marshal Holmes testified that Dan
lei j. Donovan had appeared ON the
streets as city marshal, and he had heard
him giving instructions to the day and