The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1901-10-15
POLITICAL ROW
REACHES COURT
Contest Over the Election of a
Republican Town Committee in
MiIIbury to Be Fought Out in
the Supreme Court
PETITION FILED FOR
WRIT OF MANDAMUS

Defeated Candidates for the
Town Committee Claim They
Were Counted Out Through
Sharp PractiCes-Some OF the
Men Declared Elected
The row between the rival factions of
the Millbury Republicans is to be set
tied by the Supreme Judicial Court
The case has attracted lot Of atten-
ton among the politicians of Worces-
ter County because the men who were
declared elected members of the Re
publican Town Committee are report
ed to have received a minority Of the
votes cast at the Republican caucus
and it is claimed they put up job
that ensured their election because
they knew they would be beaten in an
open contest The men who were beat
en-. because 1t is alleged their ballots
were Illegal have taken the case to
the Supreme Court. Burton w. Potter
and John A. Thayer, counsel for the
defeated men. filed in the Supreme
Court yesterday a petition for writ
| of mandamus to compel the chairman
and secretary Ct the Republican eau
Gus to count the ballots cast for the
men declared defeated and to declare
them elected because they had ma
i iority Of the votes cast at the caucus
The petition, which tells the story, is
as follows,
To the Honorable, the Justices of the
Supreme Judicial Court
The petition of Charles b. Perry
Henry w. Carter, William w. Windle
George l.. Jacques, Gustav A. Neu-
deck, William H. Allen, all Of Mill
bury, for a writ of mandamus against
Samuel e. Hull, Herbert A. Ryan,
James H. Ferguson, Robert E. Mott
Charles C. Longley, Peter Jacques and
Simeon E. King, all of said Millbury.
Your petitioners respectfully rep.
resent that on or about the 9Th day OF
September, 1901, the Republican Town
Committee of said Millbury, of which
committee the five last named re-
spondents are members, issued a cal
to the Republican voters of said town
to meet in caucus in Blanchard Hal
in said Millbury on the 25th day OF
said September at 7.30 o'clock p. m.
I for the purpose of electing delegates
| to various conventions and a sRepub-
lican Town Committee for 1902, al
more fully appears in said call, copy
whereof is hereto annexed; that thu
number Of said political committee hat
been duly fixed and consisted of eigh
persons for the current year; that il
said call no mention was made of the
number of persons that were to be
elected to serve on said new commit
tee for the ensuing year; that just
prior to the date of said caucus, to
wit: on the evening of the 23d day of
said September the committee who is
sued said call, well knowing that there
was a purpose on the part of many of
the said Republican voters to elect a
new committee of different persons
than those constituting the old COM
mittee, met and fixed or pretended to
fix the number of thA new committee
as seven instead Of eight for the next
year, but they made no announcement
of their action to the public or to said
caucus until the ballot for the election
of said new committee had been de-
clared closed; that at said caucus the
said existing committee, or some mem
Der or members thereof, had ballot
prepared and distributed bearing seven
of their names as candidates for cleo
ton as members of the new commit
tee: that the Republican voters OPP
posed to the reelection of the menu
bers of said old committee, supposing
as they had right to suppose that
the number of the committee was to
remain the same as the present year,
had ballot prepared bearing the
names of your petitioners and two
other names as candidates for election
to said new committee; that after the
ballot had been declared closed as
aforesaid the said James H. Ferguson
oh n n Of CnfH old l.
mittee made the point that inasmuch
as the ballots bearing the names Of
your petitioners had eight names
thereon instead of seven. the same
should not be counted and he object
ed to the counting thereof and then
for the first time he announced the ac-
ton which the committee had taken
on the evening of September 2Sd rela-
tive to fixing the number of the COM
mittee for next year, and thereupon
the chairman of the caucus sustained
said objection and ruled that all bal
lots bearing more than seven names
for town committee were Illegal and
should not be counteds The ballots bear
ing seven names for town committee
were counted and the persons whose
names were thereon were declared by
the chairman elected members of the
Republican Town Committee though
they received a minority of the votes
cast in said caucus for members of the
town committee for 1902
After the caucus on the 2Sth day Of
said September some of your petition
ers filed statements in writing with
the secretary of said caucus. the said
Herbert A. Ryan, claiming election
to membership on said new committee,
and declaring their intention to con-
test the election of the said James n.
Ferguson. Robert E. Molt, Charles c.
Longley. Peter Jacques and Simeon
E. King.
The secretary forthwith gave notice
in writing to the persons affected and
fixed the time and place for recounting
said ballots and determining the ques-
tions raised At said time and place,
to wit: on September Both. at 7.30 p.
m, in the selectmen's room in the Town
Hall in said Millbury, the said chair
man and secretary met the parties in
terested and recounted said ballots.
and it appeared that James H. Fer
guson received hfty-six votes. Robert
r. Mott received fifty-seven votes.
Charles C. Longley received fifty-four
votes, Peter Jacques received fifty
seven votes. William H. Stockwell re-
ceived ffty-six votes. Thomas A.
Dowd received fifty-eight votes, and
Simeoa e. King received ffty-seven
votes.
The said chairman and secretary re-
fused to count the ballots or votes
which had been cast at said caucus
for any other persons for membership
on said new committee for 1902. Your
petitioner. William w. Windle. asked
in writing and others of your petit
TONERS orally asked said chairman and
secretary to count the votes each man
received for town committee and 70
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