The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1901-10-29
Respondents in the Action by
MiIIbury Republicans to Have
Supreme Court Settle Election
File Answer
VOTES FOR PETITIONS
WERE ILLEGALLY CAST
Claimed That the Chairman and
Secretary of the Caucus at
Which the Election for Mem
bership in the Town Committee
Was Held Decided Law Points

The Millbury Republican town commit
tee row is to be aired in the Supreme
Court today when there will be a hear
ing on the petition of Charles E. Perry
ct. ais, VS.. Samuel E. Hull, ct ais, for
writ of mandamus to compel the
officers to declare that the petitioners
were elected members Of the Republi
can town committee in place of the re-
sOondents.
The respondents through their coun-
sci, Thomas H. Sullivan and Arthur P.
Rugg, will file in the Supreme Court at
the hearing a demurrer against the
petition as follows:
Now come the respondents above
named and demur to said petition, and
for cause of demurrer assign the follow
ing:
| First. That the writ Of mandamus
| does not lie against the respondents
and any of them in the manner and
| form as prayed for.
| Second. That the said petition does
! not set out such matters Of fact as en-
title the petitioners to a writ Of man
damus.
! Third. That said petition does not
allege errors of law such as entitle the
petitioners to a writ of mandamus.
Fourth. That membership in a po-
litical committee of town is not a
public office and title thereto is not
triable in this proceeding.
| Fifth. That there is other adequate
and exclusive relief afforded by the laws
| of this Commonwealth for the wrongs,
| If any, which the petitioners claim to
have suffered
| Sixth. 1t appears from the allega-
tons of said bills that the number of
said town committee had been legally
I and properly fixed at seven, and that
/ the only legal votes cast at said caucus
were those cast for the respondents,
Ferguson, Molt, Longley, Jacques and
King, and one Thomas A. Dowd and
one w. H. Stockwell.
| Seventh. 1t appears from the allega-
| tons of said petition that all the votes
| alegeged to have been cast for the petit
| toners were illegally cast.
| Eight. 1t appears from the allega-
| tons of said petition that said petit
| TONERS have failed to avail themselves
| of and exercise those preliminary
rights and remedies which are provided
| by law as prerequisite to the main
tenance of any petition for the relief in
courts.
! Ninth That the matters and things
complained Of in said petition are by
the statutes and laws of this Common
wealth finally and conclusively passed
upon by said SamuelE. Hull and saidHer-
/ bert A. Ryan of said respondentsas chair
man and secretary respectively of said
caucus and are not subject to review,
revision and correction in this proceed
ling.
Tenth. Because it does not appear
from said petition that all of said Pc
ititioners filed statements in writings
with the secretary of said caucus,
claiming election to membership on
said new committee and it doth not ap-
/ pear therefore which, if any of them,
| is entitled on this ground to maintain
the petition,
By their Solicitors,
ARTHUR P. RUGG,
THOMAS SULLIVAN.
I, Thomas H. Sullivan, one of the so
licitors for the respondents, hereby
certify that in my opinion there Is such
reasonable ground for the foregoing
demurrer as to make 1t a proper sub
ect for judicial inquiry and investiga-
ton, and that the same is not intended
for delay.
THOMAS H. SULLIVAN.
Burton w. Potter and John A.
Thayer are counsel for the petitioners.
to recover a loan of $3.50. The property
of the defendant in the shape of a
valuable horse. has been attached at
Whitinsville.