Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-03-28
SUSTAINED.
Mayor Bunker Of Water
vile Had Right to Vote
For Certain Officers, as He Did
In City Government.
Referees So Declare, but Situation
Is Still Unchanged.

IL StlII unchanged.
Waterville, Me-, March 27.-(SeciaD. -
Tho sustaining of the position of the
mayor when he voted for clerk to the
overseers of the roor, and also for milk
Inspector, and thereby created tie in
the aldermen, to 4, was the subject Of
much interested comment on the streets
and in places of business yesterday.
Justices William p. Whitehouse and A.
NJ. Spear were chosen the referees in
the case, and both sides agreed to abide
by their decision. This decision, while it
plainly declares the right of the mayop
to vote in the election of all officers
chosen by the municipal officers, does
little to clarity the present situation in
Waterville. The mayor has voted and
that vote, tie of to 4 between
Frank Langlois and ]. p. GrOux, has
been recorded for clerk to the overseers
of the poor, and there the matter
stands.
The full text of the decision OF the
referees is as follows:
"a controversy having arisen be-
tween the parties interested with re-
spect to the right of the mayor, acting
with the board Of aldermen as a MEM
Der of the board of overseers, to cast
his vote together with the aldermen of
the city for the clerk Of the OVerseers.
they have submitted to the undersigned
as referees, the following statement Of
facts and requested finding thereon, TO
wit:
agreement Of reference by and be-
tween Frank Langlois, j. P. Giroux
and L. G. Bunker. mayor. to Hon. w. p.
Whitehouse and Hon. A. NJ. Spear ref
erees:
".The facts are as follows: Mr.. Lang
lois and Mr.. GirouX are candidates for
clerk for the overseers of the poor At
meeting of mayor and aldermen held
March II last, when the matter. Of the
clerk Of the overseers Of the poor came
up, there were eight ballots cast: Mr..
La1glois received fesr,-R44-- Giroux four,
and it is agreed that Mr.. Gircux re-
ceived the ballot cast by the mayor. 1t
is also agreed that the board of alder
men consists of seven members. All
the parties interested hereby agree to
refer the question as to the right Of the
mayor to cast q ballot under the above
FACTS 10 t1lt QUARTER anu olui-
nances of the city of Waterville or ac-
cording to the statutes
Upon this statement of the case Mr..
Langlois contends that the mayor did
rot become one of the eight equal
members constituting the board Of
overseers, and that, notwithstanding
the language of the statute. and the
charter and ordinances. retained only
the casting vote. precisely as he would
have been entitled to do in case in
rolving the ordinary action of the may
or ana aldermen, wherein he would be
authorized to cast his ballot to break
tie and not to make one
But upon careful examination of
'iie authorities. we are unable to con-
- III tiiiS view. All the regular duties
y 'he mayor, the aldermen. the com
MN council and their relations to
eacn olher, are fully and precisely pre-
'iDeu III the general statutes, and
charters and ordinances of cities IF
cisd.iy ana unequivocally expressed.
Whatever these duties are if not in con-
travention of the laws of the State.
they must control the action of the va
rious bodies. For instance. Section 3 of
the charter before us provides that the
aldermen, or at joint meetings of the
TWO boards. shall have only a casting;
vote. This language clearly defines his
privilege upon either of these occa
sions.
But upon investigation we think we
are able to discern that the makers OF
our laws discovered that it was not
practicable to define in exact terms all
volve upon the mayor and aldermen of
cities. and thereupon conceived the
scheme of imposing upon these officials
in certain instances, the we'll settled
and well understood duties which have
been performed by the municipal OIL
GERS and selectmen of towns from the
very foundation of our New England
government, such as the care of the
poor. the building Of sewers, drains, etc.
''In order to make clear. without any
explanation. just what these duties
were to be. the laws have simply de-
clared that in certain cases the mayor
and aldermen should act as munici;Ial
officers, as overseers of the poor, etc.
as the case might be: therefore we find
in the Revised Statutes. which have
come down through the reVisiOnS, the
rule of construction that the term ElIi-
nicipal officers includes the mayor and
aldermen Of cities, the SelCctmen Of
towns and the assessors Of plantations.
And we are of the opinion thar when
ever the statute imposes upon the may
or and aldermen the duties Of NUM-
cipal officers or overseers of the poor. it
means that they shall act in precisely
the same way that the municipal Off
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