Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-07-10
MUST ELECT.
An Order Is Issued by
the Supreme Court
Dicrecting Election Of City Of
ticerS at RoCkIand.
Law Court 0ver.ruIes Exceptions
to the Mandamus.

By virtue of a rescript handed down
by Chief Justice Emery of the Su-
pr, nc court Monday, the municipal
officers Of the city of fOckiand must
convene and elect their city officials
for the year which up to this time they
have failed to do. The rCSCriDt over
rules til" exceptions to the percinptory
writ Of mandamuS issued by Justice
WhitchOusc and orders the lnandamuS
to issue.
Following the election Of the NUM-
cipal officers in RoCl,lInd this year,
these officers refused to convene Tor
the purpose Of clccting city officials as
directed Iy statute, for the reason, it
is said, OF retaining some of the old
officials. Application was made to the
court for Il writ Of mandamus and an
alternative writ was issued. A hearing
was held before Justice Whitchousc at
Augusta and the member of the city
council still refusing to elect the Off
cialS, q pcrcmptOry writ Was ordered
to issue. Exceptions were taken on a
number OF legal points and the case
went t. the Law court.
The rcScript carefully considers all
the objections and is very far reach
irg and important. 1t is as follows:
1.-The authority Of the court to is
sue wri's of mandamus is vested in
each justice thereof to be exercised by
him not as presiding justice in 4 rcgu-
lar term of court but individually and
in any county whether holding term
Of court or not.
2.-Th" petition Cor the writ Of man
damus may hc presented to any Justice
i'll any county in term time or vaca-
ti"n and such justice may take cog
nizarre If the petition whatever the
county of It's origin and although some
other Justice be then in that country.
3--tpon receiving petition for the
writ II mandaInus the justice may or
Ger notice of hearing thereon return
able before him in that or any other
county at Il time and place to DO fixed
by him
+.-At the hearing upon the petition
the "nl% question to be determined is
the sufi;"ion"y Of its allegations. Their
truth or fa!Sity will not then be con-
Sidcrcd unless under agreement Of the
DartlcS that the whole question of the
issuance of the pcremptory writ to
then determined
'.-lf the allegations in the pctition
are adludScd upon hearing to be suf
fici"nt tn" justice may issue the alter
naive Wit of mandamus rcturnabIo
pclcrc him in any county at a time and
place to be fixed by him.
1.-THE alternative writ of manila
mus IS not an original writ nor final
writ Of execution but is Of the nature
OF an intcrlccutory rule to show cause
ara is sufficiently authenticated by the
signature of the justice issuing it.
without the seal Of the court and with.
ont the signature of any clerk of the
court.
1t is not necessary that the peti-
ton or the alternative writ of manda-
mus be filed or entered upon the dock
CT OF the court in the clerks office in
any county prior to the making q fina,
order after the return of the alterna.
tive writ. The case remains in the con-
troll OF the single justice in whatever
part Of the state he may be.
S.-Whcn there are several resnond.
onts TO petition for the writ or
mandamus and one or more Of them