Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1896-08-20
BANGOR MIDDLE.
Court Orders Issue of Writ
of Mandamus
On Secretary Of State in the Bangor
Election Cases.
Mcssrs. Stetson. Pearl and Palmer Are the
Nominees, Says Court.

mandamus directing the SECRETARY OF
State to place the names of Charles s.
Pearl and Joab Palmer on the official
Republican ballot for representatives
lex II. Parkhurst and Flavius O. Beal
who had been designated out of the
double list of nominees as entitled to a
place by the secretary.
| The decision in full is as follows
Ia this case the compliments seek
the Intervention of the court by petit
| tioning for a writ OF mandamus
against the secretary of State. to com
pei him to place their names upon the
official ballots as Republican candi-
oates for representatives from the city
of Bangor to be voted for at the next
State election
Certain facts are undisputed. The Re
| publican voters of the city of Bangor
had duly chosen seven gentlemen as
| the regular committee of the Republi-
can party Of the city, whose duty among
other things, was to call caucuses and
to decide upon the time and place Of
such meetings. and to suggest chair
man for the same.
| 1t may be assumed if not expressly
admitted, that the committee in years
past had customarily called general
caucuses where all the Republican
voters might meet in general conven-
| ton and express their individual pre-
! ferences for candidates for office. At
a proper meeting of this committee in
| the month OF July. the present year.
| four of said committee, being a maj
Gritty thereof. voted to hold ward eau
| cuSes on the delegates plan to nomi-
nate three candidates for representa-
tives in the Legislature from the city
If BANGOR and at the same meeting
Of the committee three members there
| of, being a minority, voted to hold a
general caucus as had been the custom
in years past. In pursuance of these
proceedings ward caucuses were held
and also Il general caucus.
| At a convention or caucus of the dele
gates selected in ward primaries
il accordance with the vote of the ma
icrity of the committee, Isaiah X
Stetson, Chas S. Pearl and Joab w
Palmer We're nominated as such cam
Gidates, and at the general caucus
= ltutfNh IL I'dIkIlufSt. L iHNlDuS
/ o. Beal and Fred A. Porter We're also
nominated. Nomination certific in the
| usual form Were filed in the office Of
the secretary Of State within the time
limited by law, together with the writ
ten consent of all six candidates.
Prior to the time limited for filling
nomination certificates with the sec
retary of State, those candidates who
had been nominated at the general eau
Gus filed signature nomination papers
as candidates apparently in conformity
with the provisions Of law and com
formity with the provisions of law and
accompanied by consents in writing
Following the nomination of said
-tetson, Pearl and Palmer. they duly
requested the secretary of State to
cause their names to be placed on the
official ballot for the city of Bangor as
representative candidates in the Re
publican group. To this request tn"
8, cretary replied that it was his inten-
ton to place upon the official ballots
the names of Isaiah X. Stetson, Fred
eric II. Parkhurst ana Flavius Q.
i;eal, said Stetson being one OF the can
didates nominated by the delegate
caucus. and Parkhurst and Beal being
two of the candidates nominated at
the general caucus.
a full hearing has been given to the
parties and also to those whose inter-
ests may be affected by the result of
this decision.
The city Republican committee, con
aisting of seven members, represented
The Republican voters of the city
They We're inherently clothed with
certain powers, which, though not de-
fined, We're such as would enable them
to perform the duties of their position
They became invested with these
powers by virtue ef their office.
Whatever may have been the Gus
tom or usage in past years as to the
manner of calling caucuses. they had
the power to determine not only the
time and place of holding the same.
but also as to the manner, whether by
a general convention of all the voters
or by delegates selected from the diff
ferent wards.
In deciding upon the method of
caucus by delegates, instead of by gem
cral caucus as had formerly been the
method they did not transcend the
power with which they We're inherent
~ invested as committee of the
party.
With the propriety of their action, or
the ACCESSIBILITY of of obtaining the ex-
preston of the will of the voters by a
caucus of delegates, the court has
nothing to do
Having the power. majority OF the
committee could legally act A minor
ity could not.
While guided by no specific laws, the
common law principle of a majority
rule. applies to them as to other similar
bodies.
This rule is in accordance with our
institutions and the spirit of our gov
ernment One caucus or the other must
be regarded as legal. Both could not
be. The one was the result of the ac-
ton of a majority of the committee
of four out of seven. The other was the
result of action by a minority only
The will of the voters was expressed
at the caucus called by that part of tho I
committee which constituted a major