Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-04-30
SECOND ELECTION
Further Hearing in Gardiner
Mandamus Case.
Aldermen Ready to Call New
Election for Marshal.
n..a-~S..,, W.:S WILL l~~uo Is Eloa.
Peremptory Writ Will Issue II EIec.
tion Is Not Called.

Further hearing in the mandamus
proceedings brought against the al
defmen of the city of Gardiner by
Frank E. Andrews OF that city through
his counsel Beane g. Beane of Hallo-
wssI; to compel the holding of an cleo
ton for city marshal, was held Thurs
day forenoon in, the attorneys room
al the courthouse before Associate JUS
tice Leslie c. Cornish. The alterna-
tive writ was issued Monday, but at
the request of Justice Cornish the al
dermen did not act upon it previous
to the hearing Thursday morning. 1t
is now understood that the board Of
aldermen of the city of Gardiner will
at once issue a call for new election
for city marshal to be held May II.
With this understanding the hearing
was continued until. Thursday May 6
at $50 A. NJ, and should the new cleo
ton not be called before that time
Justice Cornish will at once cause the
peremptory writ of mandamus to is
sue.
City Clerk Wadsworth of Gardiner
was present at the hearing and brought
with him the records and ballots of the
municipal election held last March in
order to have them in readiness in case
the question of the legality of the cleo
ton should be gone into. He was ac-
companied by Alderman r. Edwin
D0nnell of Ward V, who was an in
terested spectator of the hearing. City
Marshall Samuel w. Cults and Former
City Marshal Frank f. Andrews, who
each received the same number OF
aitx ma al
vass of the board of aldermen We're al
SO present
Attorney Fred Emery Beane of Hal
lowell, although still weak from the eff
fects of his recent attack of grip, was
present to act with his son, Emery 0.
Beane, as counsel for Frank f. An
dreWs, who asks for the mandamus
proceedings
City Solicitor Charles A. Knight of
Gardiner entered his appearance for
the entire board of aldermen, and upon
being asked by Justice Cornish upon
what authority he appeared for the
entire board, replied that he had re
ceived telephone communications from
each member of the board, requesting
him to act in that capacity.
Attorney Joseph Williamson of Au-
gusta said that he understood that he
ana Attorney Atkins of Gardiner APP
pearcd for Aldermen Kelley and Law
renee He would like to get into some
process so that the question could be
taken up as to whether there had been
a legal election for city marshal Of
Gardiner. 'If we are not in this suit
the result will not bind U.S. said Mr.
Williamson.
Attorney Atkins stated that he had
SEN Aldermen Lawrence and Kelley
ard they had declared that they were
willing to have him represent them
if he appeared in a neutral way and
kept them out of trouble.
Attorneys Williamson and Atkins
stated that their right to appear for
Mr.. Cults was not disputed and JUS
tice Cornish ruled that Mr.. Cults could
not come into the mandamus proceed
ings except by consent of all the par
tics. He also asked the two attorneys
if they did not wish to appear for the
two aldermen simply enough to come
into the case.
Attorney Williamson argued that Mr..
Cults had a right to come into the
proceedings as an interested party and
stated that Mr.. Cults position was that
he was the legally elected city marshal