The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1898-04-21
WINDHAM SCHOOL CASE.
Two Men Claimed To Be School
Superintendent.
ONE OF THEM SERVED AS SUCH
THE OTHER WENT TO COURT.

| Petition of Cyrus T. Parker Was Denied
by Judge Hasken-PIaintiff Claimed o
Have Been Legally EIected-The Court
Thought Otherwise-Interesting Case
in Supreme Court.
The confusion which exists in the pub
| lie mind in the towns of the state over
the meaning of the provisions OF the law
relating to the appointment Of school
officers has again resulted in an appeal
to the court. The law provides that the
| superintendents of schools shall be elected
by the towns or be appointed by the
school committees. It has several times
happened that this has caused trouble,
persons claiming to have been elected in
town meeting in cases where the commit
tees denied the legality of the elections
and went ahead and made the appoint
ments.
The case this time comes from the town
of Windham. Before the last town meet
ing the two political parties held eau
cuses but they did not nominate candi-
dates for superintendent of schools it
being the understanding in both caucus
es that the superintendent should be ap-
pointed by the school committee. When
the votes wers counted, however, it was
found that fifty -four had beencast for Mr..
G. T. Parker for superintendent, stick
ers bearing MIR. Parker's name having
been affixed to the ballots. Objection
was made in the town meeting that it
had not been the intention to elect a
school superintendent and after the meet
ing, when the school committee had or
ganized, they went ahead and appointed
|Mr. Hiram G. Hawkes. superintendent.
Mr.. Parker later caused notices to be
posted in the town that persons desiring
employment as teachers should apply to
him as superintendent. He also told Mr..
Hawkes. that he regarded himself as the
superintendent, but the books and papers
were kept by Mr.. Hawkes. and that gen.
tleman has been acting as superintendent.
Mr.. Parker then applied to the courts
asking that an order might be given that
the books and papers be handed over to
him and that he be recognized as the sup
erintendent. The case came up for hear
ing before Judge Haskell, yesterday.
Hon. NJ. P. Frank appeared for the petit
tioner and Isaac L. Elder, ESQ.,, and
Carroll W. Morrill,. Esq, fsr the other
side In opening the case Mr.. Frank
read the petition which set forth the facts
above stated. Mr.. Frank also read the
answer, in which it was stated that it had
been the custom Of the town to elect it's
officers by the Australian ballot system,
that this year the two parties in the town
had held caucuses and made nonina-
tions for the different offices except that
tendent of schools. that the ballots had
been prepared without reference to a vote
for such an officer and that it was not the
intention Of the town to vote for him but
when the votes were counted it was found
that, by the use of stickers, fifty four had
been cast for Mr.. Parker. The answer
further recited that objection had at once
been made to the election of Mr.. Parker,
and that the record showed that while the
votes for him had been counted he had
not been declared elected. The answer
claims that Mr.. Parker had not been
legally elected and that consequently the
appointment of Mr.. Hawkes. was valid.
Mr.. Frank then read from the town
records to show that the f1fty-four votes
had been cast for Mr.. Parker and none
for any body else. In the course of the
proceedings it was brought out that
the record indicated that Mr.. Parker had
received a unanimous vote there being no
statement of the whole number of ballots
thrown.
Mr. Frank admitted that if Mr.. Par
ker was not legally elected to the office,
the appointment of Mr.. Hawkes. was
valid.
Mr.. Parker testified that he had in a
general conversation called upon Mr.
Hawkes. and MIR. Larry of the school
committee to give up the books and papers
of the office to him. In answer to ques-
tions by Mr.. Elder, he said that he had
attended tho Republican caucuses and
knew that there was some talk about the
office and that no one was nominated for
it, Some of those present wanted nomi-
nation made, however.
Mr.. Elder in opening his side of the
case, said that it was substantially pre-
sented in the answer. He called fourteen
citizens of Windham as witnesses, but not
all of them testified, Judge Haskell saying
that if they were to testify to the facts
outlined in the answer several would do
as we'll as fourteen.
Mr.. Charles A. Haskell, who was the
chairman Of the Democratic caucus, said
that the nomination of q candidate for
superintendent of schools was discussed
and that Mr.. Hawkes. was nominated
but objection being made, the vote WAS
re-considered.
Then Mr.. Frank Haskell, chairman Of
the Republican caucus, told how that
meeting had discussed the same question.
In answer to question by Mr.. Frank,
the witness said that he thought it was
the belief of those present that they had
no right to make the nomination. Still
he did not think they would have mazda