Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-05-12

for a writ of mandamus ordering Secre-
tary of State John E. Bunker to place his
name on the official ballot as a candidate
on the Republican ticket for the office of
register of deeds for the county of Knox
Associate Justice Leslie c. Cornish has
ordered a hearing on the petition at 2
P NJ of May 16, 1916 at the Court House
in Augusta and service was made at $50
Thursday morning on the secretary OF
State.
The petitioner states that he filed his
primary nomination papers In proper or
der and time and that the secretary or
State refuses to place his name on the
ballot, claiming that no vacancy exlsts
in that Office, hence no election Is neces-
sary; also that no vacancy will occur IN
that office unless by the resignation or
death of the hold-over incumbent Sec
rotary Of State Bunker states that he Is
acting on the advice Of the attorney gen.
eral VIM. r. Pattangall.
The Democratic candidates for the
same office are Clarence e. Paul and John
l.. Donahue. The entire situation is fully
covered in the petition of Mr.. Grinnell,
which follows:
STATE OF MAINE.
To the Honorable Leslie c. Cornish,
Justice of the Supreme judicial Court.
Herbert L. Grinnell Of Union, in the
County of Knox, State of Maine, respect
fully represents that on the list day OF
May, A. D. 1916, he for long time prior
thereto, to wit, more than one year, was,
has since remained, and now is a citizen
and a voter in the town of Union afore-
said, and then was and now is in all re-
spects legally entitled and qualified to be
a candidate for the Office of Register OF
Deeds in and for the County of Knox
aforesaid and on the 18th day of April.
1916, he filed in the office of Secretary OF
State at Augusta in said State, his nomI-
nation paper or petition as candidate
of the Republican party for said office of
Register of Deeds for the County of
Knox aforesaid which instrument was in
due and proper form upon blank fur
nished by the Secretary Of State, con-
tanning the signatures of qualified voters
of the State Of Maine and the electoral
district of Knox County, all of whom
were members of the Republican party
and were entitled to vote in the primaries
of said party in said district at the prf-
mary election to be held on the 18th day
y
per cent nor more than two per cent. OF
the total vote for governor cast in said
County at the last gubernatorial election;
said petition or nomination paper set out
the name, and residence of the sgners
thereof together with the name. resi-
dence and political party of your petit
toner and was by him duly consented to
in the form prescribed therefor on said
petition: and was circulated by your pc
titioner who made oath thereto before
a Justice of the Peace as prescribed by
law; that said nomination paper or petit
ton was in all respects in proper form
and seasonably filed in the office Of Sec
rotary Of State, emitting your petitioner
to have his name printed upon the ballots
to be used at the primary election to be
held on June 10, 1916, as aforesaid: the
original of which petition or nomination
paper or certified copy thereof, your Pc
titioner offerv to show to the Court and
produce at the hearing hereon.
Your petitioner further represents that
at the gubernatorial election for the year
1910 one Clarence e. Paul of Rockport.
in said County of Knox. was elected
Register of Deeds in said County OF
Knox for the term Of four years which
term of Office expired on the LIST day OF
January, A. D. 1914; that at the guber-
material election for the year 1914, one
Edwin o. Head was the candidate of the
Democratic party and was duly elected
to said Office of Register of Deeds, and
shortly thereafter a certificate Of cleo
ton was issued to him, but that there
afterward to wit, on the 18th day Of De-
cember, A. D. 1914, the said Edwin O..
Head died, creating vacancy In said
office of Register Of Deeds which began
the list day of January 1915; that there
afterwards, to wit, on the 10Th day Of
January, 1915, Governor Oakley c. Curtis.
In his official capacity nominated John l..
Donahue of Rockland to fill the vacancy
caused by the death of Edwin o. Head
aforesaid in said office; that said nomi-
nation made as aforesaid was not con-
firmed by the Governor and Council, and
the aforesaid Clarence E. Paul was per-
mitted. to continue to hold said office. to
perform the duties and enjoy the emolu-
ments thereof. and your petitioner repre-
sents that there Is now a vacancy in said
office of said Register Of Deeds In and for
the County Of Knox, because he says that
the term Of office Of said Clarence E.
Paul exists only until another is chosen
and qualified; that by the failure of the
Governor and Council to confirm the
nomination and appointment Of said
John L. Donahue and by their continuing
failure to fill said office by confirmation
the office of said Register of Deeds now
held by Clarence E. Paul should and
does under the provisions of the statute
governing the tenure of said Office termi-
nate on the 1st day Of January, 1917 and
that the vacancy now existing therein
should and ought to be filled by the elec-
ton of Register Of Deeds for said Office
at the next general election to be held in
September. And your petitioner further
says that he is entitled in the premises
to have his name appear upon the bal
lots to be used in Knox County at the
primary election to be held June 49, 1916
in a place designated for Republican
candidates for the Office of Register Of
Deeds and that 1t is the duty of John E.
Bunker in his capacity as Secretary Of
State to prepare primary ballots to DO
used in said primary election in Knox
County June 10, 1916, which will give all
legal voters in said County an oppor-
tunity to vote for candidate for Regis
ter Of Deeds.
And your petitioner further represents
and AYERS that the said John E. Bunker.