Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1903-03-11
CITY MEETINGS.
Last Gathering of Old Board-Those
Gerry Orders

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Gerry Orders.
The outgoing city government held two
recess meetings last week, one Friday
evening, and the final one Saturday even
ing.
At the Friday meeting but little OF con-
sequence was done. The claim of Irving
Osgood for damages to his property by
flood last July was referred to the coming
board.
Alderman Stuart gave notice that he
would bring before the board for action
the so-called Gerry orders issued In 1898,
but which no treasurer has ever paid, be-
cause their legality has been in question
ever since they we're issued by Mr.. Gerry
when he was mayor.
The board took recess until Saturday
evening.
At the Saturday evening meeting
Mayor Greedy presided, City Clerk Wy
man recorded, and Aldermen Leland,
Stuart and Brady were present. Alder
men Patten and Mccarthy were absent.
After disposing of little unfinished
business, Alderman Stuart brought up, as
so-called Gerry orders. In the spring of
1896 the late George P. Dutton was up for
reelection as mayor. His opponent
was Robert Gerry. The election for
mayor resulted in a tie. At the special
election held later on Mr.. Gerry was
elected.
In the meantime the newly elected city
or ont nd nnf-
ton, who held over, made certain appoint
ments that were confirmed. Among them
were a city marshal and night officer.
When Mayor Gerry came into office he
appointed another city marshal and
night officer. The Dutton appointees
were declared to be the right full holders
of the offices, and they hung on to them.
The Gerry appointees, however, as
sumed their respective offices, and for
several months the city wac patrolled by
a double set of officers, and at every
monthly meeting presented bill for SER
vices. These bills were disallowed by the
committee on accounts and claims;
nevertheless, Mayor Gerry issued city
orders, which the city treasurer refused
to accept.
This went on from month to month.
The Gerry city marshal finally dropped
out, but the Gerry night officer, Timothy
Donovan, now city marshal, held on
throughout the entire year, and on SER
vices performed bases his claim.
Each succeeding board has refused to
recognize the claim. 1t has never been
tested in the courts, and Aid. Stuart took
the ground that sooner or later 1t would
be brought there, and in his judgment
the city would lose.
1t was to avoid this possible litigation
and finally to dispose OF the whole busi-
ness, that he deemed it wise to accept Mr..
Donovan's compromise offer, and issue an
order for S225 in full settlement, the order
not to be presented for say 60 days, in
which time any one SO disposed could
protest. II no protest was filed, then let
the order be paid.
This suggestion met with the emphatic
disapproval OF the mayor, who said that
Mr.. Donovan's claim was either legal or
it was not; If it was, he ought to be paid
in full; II not, he was entitled to nothing
protracted discussion followed, and
resulted in the passage OF two motions.
Alderman Leland moved that an order for
$3.50, dated Feb. 1, 1897, In favor of
Timothy Donovan, which was properly
credited, be paid by the treasurer on
presentation, and that duplicate Of an
order for $12, duly audited and allowed
on Jan. A, 1897, but unsigned, be given to
Mr.. Donovan.
The other motion, made by Aid. Stuart,
and seconded by Aid, Leland, was as fol-
lows:
Resotped-That this board recommends to the
incoming board that they make an apprUp ia