The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1897-04-10
On motion of Alderman Aver, this
recommendation of the mayor was re-
ferred to the finance committee.

f6rred to the finance cOm m1bCee.
| The mayors other message related to
the question Of whether it will be neces-
sary, under the provisions OF this new
charter, t, hold another election, this
spring, to elect four aldermen -at-large
While the new charter provides for
board of eleven aldermen, instead of
seven, the present number, he argued
that the charter amendments were not
adopted till after the annual city election
was held and that it's provisions do not,
therefore, take effect till next year, SO lar
as they relate to the election of city
council. He added that it would cost S5Oo
to S400 to make ready for special
election. and such outlay at this time
would be needless.
Alderman Matthews asked for an
opinion from the city solicitor, and the
latter officer responded. He said he had
heard many inquiries in regard to the
matter, had spent considerable time look
Ing up the law, ana he was firmly Of the
opinion that the new charter requires
that the city shall make immediate
preparation for special election. for the
choice of four aldermen additional to the
present hoard.
"On what ground do you base that
opinion ?' asked the mayor.
con the law" was the response.
"But you should make it clear to US
that your opinion Ia correct" was the
mayors retort, to which Solicitor
Matthews curtly replied: "All you asked
for was my opinion. did not hire out
to convince you
Continuing, the solicitor said his opin-
lon was backed up by about 20 decisions
In similar cases In other states He had
heen unable to lind a similar case in
Maine CT Massachusetts reports. In
every case he found the courts held that
new election was necessary. The Iitu-
alton is practically the same as II four
vacancies existed in the board.
Mayor Davis then had another inning.
He ruled that it would be impossible
to comply with che law now, as the
charter provides that in case of vaoan-
cy an election should be called and held
within 90 days, while the registration
law requires that notice of ~ days
should DO posted.
Furthermore" added the mayor, IT
will say for the benefit of all thu gentle
men here present, that have talked
this matter over with several mem bers of
the legislature, and they all declared it
was not intended that the provision of the
charter in question should take effect till
next summer. have also received adj
vice to that effect from Hon. Henry B.
Cleaves and Hon. j. ". Symonds.
No further action OIL this matter was
taken. Mayor Davis called the aldermen,
one at q time. to present The documents
with which their desks were laden.
A heavy batch of petitions. orders and
reports came up for disposal. These were
included:
Petition of J. S. Knowles and others,
for the laying out of a street from Ocean
street to Fresumpscot. overland of the
Eastern Forge company. Referred to
committee on new streets.
|
water from Aliens corner through Main
street to the residence of George W.
Crosse. Referred to proper committee.
Petition of Martin Curran. Jr., for an
extension of Sebago water to his resi-
dence on Riverside street. Referred.
SPetition for privilege of draining
Christine A. McCarthy's residence into
the Ocean street sewer. Re ferred.
Petitions for sidewalks in front of the
lots of Alvin B. Jordan, Charles B
Dollif. Henry NJ. Noyes, James H. Davis
and William S. Lord, referred to the com.
mittae or streets.
Petition for an extension Of the Spring
street sewer eighty feet westerly toward
! Stevens Plains avenue. Referred to the
committee ON sewers.
Petition for sidewalk on the norther-
ly side of Falmouth street. Referred
Petition of j. II. jacobson and twenty
others, for sidewalk on Fessender
; street, from Forest avenue to Deerine
avenue. Referred.
Petition of Robert G. Hall and Others
} for sewer between Forest avenue and
Deering avenue, connecting with the
Forest avenue sewer where 1T turns TO-
wards Back bay. Referred.
Petition for extension of the Congress
! street sewer from Arthur Norton's resi-
dence to the Portland line. Referred
These reports of standing committee;
were acted upon:
Report of committee on sewers, recon-
mended leave for petitioners to withdraw
in case Of petition of Mr. Mosman and
Others for short sewer ON Glenwood
avenue. Recommendation ad opted.
Favorable report on petition for con.
tinuanGs of Leland street sewer from
Central avenue to New street. Adopted.
Favorable report on petition for sewer
on Glenwood avenue. Adopted.
On petition of G. B. Varney and others
for sewer through Forest avenue aud
Maple street. terminating at Oak street,
petitioners were given leave to withdraw.
This matter called out warm debate. A