Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-08-08
WHO IS WHO?
An Alternative Writ Of
Mandamus Granted
In The Knox County Register
Of Probate Middle.
Correction Of Returns Is Asked In
Ward 3 as Well as In Ward z.

The question of who is the rightful
Democratic nominee for register of
probate of Knox county, which has
been on two separate occasions consid-
cred by the Governor and Council and
certificate OF nomination granted by
them to Clarence ID. Payson of Thorn
aston, made its first appearance in
, the courts, Wednesday afternoon.
A petition for mandamus brought by
Edwin o. Head of Rockland, who on
the face of the original returns was
tied with Clarence d. Payson. to whom
later a certificate of nomination was
granted by the Governor and Coun-
ell. after the amending of the returns
from Ward 2, Rockland. was given a
preliminary hearing at P. NJ. before
Associate Justice Albert M. Spear, at
his office at the courthouse.
The petition is brought against Clar-
ence u. Payson OF Thomaston, Arthur
Il. Walsh, clerk of Ward 2, Albert NJ,
Hastings. clerk of Ward 3, and Edward
A. Knowlton, city clerk OF Rockland.
The petition sets forth that in Ward
the relator, Head, received 10 votes
and that Payson received eight votes
and that in Ward 3, the relator receiv-
ed "a votes and Payson received 10
votes, but that by mistake or other
wise the clerk of Ward 2 returned and
recorded for the relator 10 votes and
for Payson, two votes. and the clerk
for Ward 3 returned "a votes for the
relator and 10 votes for Payson, so that
the relator had by actual votes, APO
and Payson, 416 votes, giving to Mr.
Head majority of four votes.
The petitioner asks that a writ of
mandamus issue, requiring the ward
clerks and the city clerk to make
these corrections and substitute an at
tested copy of the record so corrected
with the secretary of state. Rodney
T. Thompson of Roekland appeared for
the petitioner and Joseph Williamson
of Augusta for Payson.
Attorney Thompson explained that
in Ward the vote was correctly
counted and correctly recorded but
when the mayor and aldermen count
ed the votes, through a mistake, the
mayor read the figure IS" where he
should have read -" This correction
had been made by the return as
amended before the Governor and
Council and the nomination given to
Payson by six votes.
II The correction of the return in Ward
was the one upon which the petit
toner relied. 1t was claimed by At
torney Thompson that in this ward,
80 votes were recorded, as appeared by
the books of the,ward clerk. as the
total Democratic vote for register OF
probate. while az matter of fact
there We're only as white ballots in
1 - hexr
of the candidates for register of pro-
bate, was returned as having Al votes.
while upon An inspection of these bal
lots. in the presence of rival candi-
dates under the direction OF the city
clerk, it appeared that Archie Buckiin.
instead of having Al, had but five
votes, and the petitioner Head, in
stead of having "a votes, had "a votes.
which gives him net gain in the two
wards, as stated in the petition of four
votes.
Attorney Williamson opposed the is
suance of an alternative writ on the
ground that the matter had been set
tied by the correction of the Ward
returns before the Governor and Coun-
Gil and hat the petitioners did not
have a right to ask for the examina-
ton of the ballots of Ward 8 in the
city of Rockland alone. II there was
TO be an examination of ballots it
should include those of the entire city.
The jurisdiction was with the Cover
nor and Council rather than the count
The two candidates, Clarence ID.
Payson and Edwin o. Head and City
Clerk Knowlton were present at the
hearing.
Justice Spear took jurisdiction in the
matter and ordered the alternative
writ to be issued returnable at p.
NJ, Saturday, at the courthouse. AT.
that time the various points at issue
will be taken up and the matter of
the issuance of a final writ considered.