Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-12-05
Brings Gardeners Election
Before the Courts.
Mayor Lamb Declares He Re.
ceiyed Majority Of Votes
And Asks Supreme Court TO Inspect
Records and Count Ballots.

GARDENERS first election under the
commission form of government has
reached the courts, In the form of "a
bill in equity brought by Hon. Bert
T.. Lamb the defeated candidate for
mayor upon the face of the original
returns of the municipal election of
Nov. %, against David H. Darling
who was declared elected by the board
of mayor and aldermen, when the re-
turns were canYassed on the after
noon following election, asking that
the ballots be counted by the court
and decided in accordance with the
facts and the law.
The election returns as canVassed
Wednesday afternoon, by the board
of mayor and aldermen, declared Da
yid H. Darling elected mayor by a
majority Of Is, but a recount Of the
votes. held later in the day. in the
presence Of both the candidates and
their counsel, was reported as giving
a majority OF three votes for DR.. Bert
+. Lamb. the present mayor of the
city.
The bill in equity was filed at the
Office of Clerk Of Courts c. w. Jones,
late Monday afternoon, by Hon. O. r.
idSOl anu HUH. - A. INBlSiil 1odii-
sci for DIR. Lamb, aud Chief Justice
Whitehouse has ordered a hearing,
upon the bill. at p NJ, Monday,
Dec. H. at the courthouse.
The petitioner sets forth that Bert
T. Lamb received Il majority of all
the votes cast at said election. but
owing TO mistakes made by some of
the ward officials, both in counting
10,
turns TO the municipal officers. the
board of aldermen declared that upon
the face of the returns David II.
Darling was elected and gave the Ger
tificate to said Darling.
1t is claimed by the petitioner that
upon the examination Of the ballots
the following errors were discovered
l--That in Ward ballot was
counted for said Darling, which had
been marked with a circle in the
square after the name Of said Darl-
ing, instead of a cross, rs required BY
law. Your petitioner prays that said
ballot should not be counted.
THAT in Ward the returns made
TO the municipal officers by the ward
officers show that 101 ballots were
east for said Lamb. when in truth
and fact, Ill were east for said Lamb:
that also the returns from said Ward
10 the municipal officers show that
1873 ballots were east for said Darling
when, in truth and fact but 1872 ball
lots were east for said Darling. Your
potftioner praYs that the ballots cast
in said Ward 4 be counted in accord
ance with the facts or true count.
THAT in Ward the returns made
to the municipal officers show that
14S ballots were east for said Darling
and los for said Lamb, when in truth
and in fact, but 13S ballots were cast
for said Darling and 40 ballots were
cast for said Lamb, Your petitioner
prays that the ballots in Ward 5 be
counted in accordance with the facts
or true count.
4-That there We're three ballots cast,
one IN Ward /, and two in Ward 4,
each of which had a cross made IN
the square opposite the blank space
left on said ballot in which the name
of a candidate for mayor could be
written: that the name just above the
blank space was that of Bert i.
Lamb. and your petitioner claims that
these ballots were intended for Bert
F.. Lamb and should be so counted,
and prays that they be so counted.
The bill in equity asks that the rec
ords Of the several wards as well as
the. ballots cast, be inspected by the
court.