Waterbury Democrat., 1901-12-04
ICOWELL'S ACT TALk OF TOWN
Bold Attempt to Take the Office of Mayor From E. G. Kilduff.

Held by Comptroller Russell and G. A. Gibson-Cowell Gives His Opin- ion of Official Ballots and Other Things Attorney Kellogg Says Re publicans Have No Moral Right to the Offices.
 Judge Cowelrs movement to over throw the recent election may now De said to be in full swing. Last evening q copy of his petition to the superlor court to be installed as mayor of this city, despite the voice of the people in the late election declaring itself for Edward G. Kilduff, was served upon the latter. The next step i'll the mat ter will take place next Monday, un- l less counsel il the case decide other- wise, when those directly interested will appear before Judge Wheeler Ill the superior court in Bridgeport, one party to ask for hearing on the peti- tion and the other to oppose 1t. It will also be asked at that hearing that the ballot boxes that were used in the third and fourth wards will De opened and the ballots counted. Following IS q copy of Judge CowelPs petition: To the Honorable George ". Wheeler, q Judge of the superior court for the State of Coniecticut: The petition of George H. Cowell of the town Of Waterbury, ill the county of New Haven, respectfully represents: 1. That at the last meeting of the city of Waterbury for the election of city officers, held in said city of Wa terbury on the first. Monday of Octo-
 Der, 1901, he was a candidate for may or of said city, and at said election, as he yerily believes, he received suffi- cient number of votes legally cast ill said city for said office to elect him
 mayor of said city, for the term of two years, commencing the first Mon day of January. 1902.
 7. At the conclusion of said meet
 ing, your petitioner was not declared elected to said office of mayor, but Ed ward G. Nilduff of said city, whom
 your petitioner yerily believes did not
 receive sufficient number of the votes
 legally cast for said office, was de- clared elected mayor of said city of Waterbury, for the term of two years l commencing the first Monday of Jan
 uary, 1902.
 3. The facts upon which the claim
 of the petitioner is founded are as fol- lows:
 Gal Your petitioner is informed and
 believes. and therefore ayers, that at
 said meeting there were returned as having been legally cast for the office of mayor Of said city:
 Edward G. kilduff, 4.141 votes George H. Cowell, 3.699 votes (b) Under the provisions of the charter of the city of Waterbury, one person and only one can be legally elected and declared to be elected
 mayor of the city of Waterbury for any one term.
 (cl At said meeting of the city of Waterbury, there were more than 900 democratic ballots cast in the Third and Fourth voting districts of said
 city and counted for said Edward G. hilduff, which were illegal and void
 and which should not have been
 counted. If said 900 and more ballots had not been counted and declared for said Edward G. Kilduff. your petition CT would have been declared and elect ed mayor of said city for the term of two years commencing on the first
 Monday of January, 1902.
 (d) Over roo of said 300 and more ballots which were cast in the Third and Fourth voting districts of said city, and counted for said Edward G. kilduff, were illegal and void, be- cause after the name of the party, to wit, after the name .'Democratic,' the word s'for'' was printed upon each of said TOO and more ballots contrary
 to the provisions of Chapter PCT of the Public Acts of 1895.
 Said TOO and more ballots were cast
 in violation of said act and do not con- form to it's requirements because they
 contained said word flor" after the name of said party.
 (e} Over 200 of said 900 and more ballots which were cast in said Third and Fourth voting districts for said Edward G. Kilduff were illegal and
 void, because upon each of said bal
 lots the names of the candidates for
 aldermen were printed in a different
 order than the names of the same candidates on the regular democratic
 tickets and were so printed in order that the same might be identified and used to indicate who might have cast
 the same.
 Your petitioner therefore prays your
 honor to inquire into the facts herein
 alleged, to hear the evidence which he
 will present, and examine the ballots deposited in the ballot boxes used in said Third and F'oruth voting districts
 ill said election as aforesaid at said meeting, and on finding his represen- tations to be true. to grant him a cer- tificate under the seal of the court en- titling your petitioner to hold and eX- ercise the duties and powers of the
 mayor of the city of Waterbury for the term commencing on the first Mon- day of January. 1902. and to grant
 such other and further relief as he may be entitled to by the statute in such cases made and provided. And your petitioner will ever pray. Dated at Waterbury this 3rd day of December, 1901.
 GEORGE II. COWELL. By LUCIEN F. RURPEE,
 His Attorney. The following excerpt from the pub lie acts of 1897 was shown Colonel Burpee this forenoon. 1t refers to matters like that i'll question and is section 24 chapter 194 page S94:
 And a copy of the finding and de- cision so certified by the judge of the