Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1903-04-16
MAYOR HAWLEY'S ANSWER
To J. E. Burke's Quo Warranto
Proceedings Filed Saturday.
Alleges That He Is Legally Elected
Mayor and Submits That the Pro.
ceedings Should Be Dismissed
Testimony to Be Taken by
May IL.

The answer to the quo warranto pro-
ceedings brought by J. II. Burke. the dem
ocratic candidate for mayor at the last
election. was flied Saturday in the county
clerks office by Attorney w. l.. Burnap
Mayor Hawley's counsel, and r. f.
Brown, the city attorney. The answer
begins with reference to the proceed
ings brought by Mr. Burke, who claims
that he was legally elected mayor and
demands that Mayor Hawlcy show cause
why he is holding the office.
1t then says: The respondent respect
fully shows and AYERS that at the said cleo
ton. pursuant to the city charter and by
the properly constituted officials thereto
provided, the voters of SAID municipality
by proper wards for said mayor ana re-
spective aldermen and ward officers were
duly canvassod ana proper statements
thereof were duly returned and recorded
and proper certificate of the result Of
said election duly published. when the
election of this respondent as such mayor
was duly announced and declared, all in
conformity with the provisions of the
charter; that at said election this rcspoli-
dent was "A legal voter of the city of Bur
ling'on and still so remains and was and
is eligible to said o.bcc ana that IN pur-
snance to the premises and not otherwise.
his respondent was in due form conducted
into and assumed said office of mayor is
the duly and properly elected incumbcG
thereof and this respondent submits that
ne thereby became uni is The legally con
Stitutcd mayor.
And this respondent forthwith answer
ing On information and belief denies
that he has usurped office and AYERS that
at the said election he was legally elected
by a majority of the legal votes legally
cast at the election and that he has SO
assumed the duties and Is in exercise of
the functions and privileges of office in
consequence and 10y virtue of and in con-
forinity to said election; and denies that
said rclator was legally elected or en-
titled to be sworn in as mayor or to
assume the duties of the office.
And further the respondent AYERS that
said rclator received no more than "a
minority of the legal votes ally east by
the legal voters of the city of Burling-
ton at the said election for said office, all
of which premises more fully and at
large appear from the ballots cast at
said election duly preserved ~ ALLEGED
in the complaint if resort thereto shall be
found either proper or necessary.
Ard this respondent submits that the
prayer of the complainant ought not to
be granted but that the same ought to be
dismissed with such order as to costs
hereof to the respondent as to the court
shall seem meet.
And the respondent because of the mani
fold insufliciences and inadeqacy of this
complaint Graves here under the same
rights and benefits ON hearing as If h"
had pleaded the matters herein or had
dcmurrcd thereto"
The next step in the matter will be the
taking of testimony and this must be done
on or before May T. pursuant to the or
der of Judge start. The matter will he
taken up at the May term Of the SUI
preme court.