The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1899-06-27
VETERAN FOLLETT.
III. Case Came Up Before ,hs supreme
Court.

A case out OF the ordinary line came Up
before Judge Strout In the Supreme
COURT MONDAY forenoon. William K.
Foliett, veteran Of the Civil war, ap
pearsd IS petitioner for writ of nanda-
mus TO compel the Portland sovcrsesrs OF
the poor to support him outside the city
almshouse. He was represented at ths
hearing BY his counsel, John b. Kehoe,
while City Solicitor MorBill looked after
the other side Of the case. Seyerakof the
members of the board ofovarsesrs Of the
poor were in attsndapcs as wftnesses.
Mr.. Bolistt, sheipstitsonsr,y was 1rst ex-
amined In rs1stion to his depsprsncy.
He said he has pension Of eia per
month. but that Il. nut quite sufficient b
pay his board, and that a he Is unable
to work he must receive sassistapce from
the city. He had applied to the oversssrs
Of the poor. for supporu, but they had nos
acted favorably on his application.
DIR. Besssnden testified that several
years ago Mr.. FoiIstt was kiossd by q
horse and his skull fractured. Theirs is q
consta mt pressure upon the brain and vi
olent exercise or intense heatsbrings on
attacks Vt vertigo. In the Doctors opin-
ion. Mr.. Follett Is physically unable TO
work, and 1t Is hardly advisable for him
to go about Without an attendant, owing
TO 1.-THE frequency OF those attacks
II came out in the examination that
MIR. Follett had been for some time at
the Soldiers Home at Togus, but got
dissatisdedithere and returned to Port
Ian. He has since made an application
for reinstatement at Togus. bun must
await his turn.
Chairman Ross Of the boardtor oversesrs
OF the poor, testified that the board had
Investigated Mr.. Follett's case. and did
not consider him dependent. they had
understood that he was earning some
money at odd Jobs, and supposed that,
with his pension, he was sufficiently pro-
vided for. In their opinion 10 would not
be 20 his advantage for anybody to sup
ply him with money beyond his actual
needs
Lawyer Kehoe explained that this ao-
tion was brought to put TO the test the
law of 1897. which stipuintss that 1t is
encumbent upon town 10 suppcrs its
dependent soldiers % their residences, or
in such suitable place outside the poor
house as the oFesseers Of the po,r may
deem right and proper. He sasa he had
been unablefb-get satisfaction out of the
overssers In this case, so had brought the
mattsr into coust.
Judge Stront advised q compromise
in the matter. He SAID he thonght the
$is per month pension received by the Pc
titfoner is hardly sufficient 10 provide for
his support, and suggested that the over.
seers supplement- that with one or two
dollars per week. In his opinion, this
would bel more satisfactory disposal of
the case than for him to render de :
oision ON the petition bsfore him.
Overseer Ross said Mr.. Follett had
never made application for support In
part, nor had his attorney; that the over
ssers intend to treat with fairness all
casss chat come befors them.
MIR. Kehoe replied that he was glad to
see change of spirit manifested on the
part Of the ovsrseers of the poor. He had
gathered from previous dealings with
them chat they disf'not intend to comply
with this law Of 1897; they had ine,mated
to him that they Intended to test the con.
stitutionality of the aot.
Judge Strout saidsths oyerseers are en-
titled to exercise their discretion In all
cases that come before them. and he be-
iisved they would act with fairness in
this case.
The courts suggestion of a compro-
mise WAS followed, and action on the Pc
tttioo for writ of mardamus was in
daffrAt4fv x,nufnopad