Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-05-17
KNOX REGISTRY
OF DEEDS MATTER
GOES TO Law COURT
Is Outcome of Hearing Held on
Tuesday Afternoon Before
Associate Justice Leslie c..
Cornish at Courthouse on
Question Whether or Not a
Vacancy Exists in the Office
of Register

of Register
Whether or not vacancy is existing
in the Office of register Of deeds for
the county Of Knox was the question
before Associate Justice Leslie c. Cor
nish at hearing held Tuesday after
noon at the county courtroom on the
petition of Herbert L. Grinnell of Union
for writ Of manddmus ordering Sec
rotary of State John E. Bunker to place
his name on the official ballot as a can
didate on the Republican ticket for the
office OF register Of deeds for the coun-
ty of Knox. The matter was argued
to some extent by the attorneys and
at the end of the arguments it was
agreed to report the case to the law
court sitting Tuesday, June 6, at Ban
gor.
The case will be argued in the after
noon Of the opening day of the term.
Hon. Frank L. Dutton was attorney for
the petitioner, Assistant Attorney Cen
eral Oscar H. Dunbar for Secretary Of
State Bunker and Henry L. Withee Of
Rockport county attorney Of Knox
county, appeared for Clarence F.. Paul
of Rockport, who was permitted to con-
tinue to hold the office of register Of
deeds for that county.
The petitioner maintained that he
filed his primary nomination papers in
proper order and time and that the sec
rotary of State refused to put his name
on the ballot, claiming that no vacancy
exists in that office, hence no election
is necessary; also that no vacancy will
occur in that Office unless by the resg-
nation or death of the hold-over in
cumbent. Secretary of State Bunker
stated that he was acting on the ad-
vice of the attorney general, William r.
Pattangall
In his petition Mr.. Grinnell represent
ed that at tlv gubernatorial election for
the year 1910 one Clarence E, Paul of
Rockport, in said county of Knox. was
elected register of deeds in said coun-
ty Of Knox for the term of four years
which term of office expired on the
first day Of January, A D. 1914: that
at the gubernatorial election for the
year 1914. one Edwin o. Head was the
candidate of the Democratic party and
was duly elected to said office of regis
ter of deeds, and shortly thereafter
| but that thereafterward to wit, on the
25th day of December, A. d. 1914,
the said Edwin o. Heald died, Gre
| ating vacancy in said office of
register Of deeds which began the
first day of January 1915; that there
afterwards, to wit. on the Goth day Of
January. 1915, Governor Oakley c.
Curtis, in his official capacity nominat-
ed John L. Donahue of Rockland to fill
the vacancy caused by the death of
Edwin o. Head aforesaid in said of
flee: that said nomination made as
aforesaid was not confirmed by the
Governor and Council, and the afore-
said Clarence +. Paul was permitted to
continue to hold said office, to perform
| the duties and enjoy the emoluments
thereof, and your petitioner represents
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 an
other is chosen and qualified; that by
the failure of the Governor and Coun-
Gil to confirm the nomination and ap-
pontment 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 I'M
der the provisions of the statute gov
erning the tenure of said office termi-
nate on the first day of January. 1917,
and that the vacancy now existing
therein should and ought to be filled
by the election of register Of deeds
for said Office at the next general cleo
ton to be held in September. And your
petitioner further says that he is en-
titled in the premises to have his name
appear upon the ballots to be used in
Knox county at the primary election to
be held June 10, 1915, in place desig-
mated for Republican candidates for the
office of register Of deeds and that it
is the duty of John E. Bunker in his
capacity as secretary of State to pre-
pare primary ballots to be used in said
primary election in Knox county June
10, 1915, which will give all legal voters
in said county an opportunity to vote
for a candidate for register of deeds.
AT the hearing counsel for the re-
spondent admitted the facts as set
forth in the petition but denied the
conclusions of law. A number Of cases
were cited by the attorneys in the case