Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-12-16

the hearing.
A preliminary hearing had been
held. Monday afternoon, before Chief
Justice Whitehouse at which the ball
lots in dispute had been selected by
the counsel and it was for the deter
mination of these disputed ballots
that the hearing vas held before JUS
tice King. The contest was brought
into court upon the petition of Hon.
Bert e. Lamb for the correction of
the canvass of votes by the municipal
officers, inspection of records and bal
lots and issuance of a decree enab
ling the petitioner to enter upon his
duties as mayor at the beginning of
the year. Hon. o. B. Clason and
Hon. G. \. Knight, both ex-mayors
of Gardiner, appeared for the petition
er and Hon. Herbert NJ. Heath for the
defendant, also Hen. George W.
Heselton, Who Was counsel at the
original inspection of the ballots at
Gardiner two days after the election.
Hon. Will c. Atkins, city solicitor
and former mayor, appeared for the
city of Gardiner
Mr.. Heath made the following state
ment to the court: In this cause
the ward returns as counted by the
ward officers showed the election of
MIR. Darling. Upon inspection of the
ballots it was apparent that the ward
officers had made honest mistakes
Counsel on both sides agree that sos
ballots were legally marked for Mr..
Darling and Gil for DR.. Lamb. we
have laid aside four disputed ballots,
4 7 FL,
Upon further investigation both
sides find that votes were cast, some
for Darling. some for Lamb, where
questions are raised as to the right
of the voters to vote in Gardiner To
settle these questions would require
long hearing. In the end the deci
sion would rest upon questions of
law never decided in Maine. These
questions are very troublesome.
Courts outside of Maine hold con-
hicting views. My brothers on the
other side can find, and no doubt have
found. decisions, which if followed,
would require a decision in favor of
DR.. Lamb. On the other hand. we can
cite many decisions which would re-
quire a decision in favor of Mr. Oar
ling 1t is plain that the defeated
party would take this case to the law
court. II might take several months
before final decision. In the mean
time Mr. Darling would hold the Of
flee of mayor. If the court ultimate
ly decided against him, the city gov
eminent would have to be reorgan-
lied Until final decision, the affairs
of the city would be in confusion.
"The city of Gardiner, under the
leadership of Mr. Darling, has made
an honest effort to show the commits
sion form of government to be a sue
cess. To begin the experiment with
six-months' law suit would be
misfortune and calamity.
MIR. Darling understands that Mr..
Heselton and myself believe that the
law court would sustain our views Of
the law and that he would hold his
seat We would be glad to aid in
seeing these serious questions of law
settled but Mr.. Darling prefers to de-
cfle the matter from the standpoint
of his duty as citizen.
Mr.. Darling authorizes and requests
us to say that he does not want the
office through long litigation that be-
yond doubt would injure his city. He
has placed the good of his city and
the welfare of his neigbbors above
his personal success. AS counsel we
are proud to stand in court for such
client Without weighing the
chances of success or defeat consider
ing only the welfare of his people, Mr..
Darling declines to prolong this con
test and insJructs us 10 consent to a
decree that will at once give the seat
to DR.. Lamb He pledges to DR.