The Bridgeport times and evening farmer., 1922-06-15

According to decision handed
down by the Supreme Court of Errors
auth oriztion of the election will
probably be made shortly, in STRAIT
ford, in the matter of the recall OF
Councilman Robert B. Turney and
five other councilrnen of Stratford-
The Superior Court will probably
issue the order for the election at
once as the court has been advised
TO render judgment sustaining the
demurrer to this special defense, and
order the town to arrange for hold
ing a special election The order is
one of the speediest ever rendered by
the Supreme Court of Errors The
arguments were made last Friday and
Chief Justice George w Wheeler s
decision was announced yesterday
Members OF the council will meet
Monday, June g. when the matter
viii be taken I'D
The decision. couched in technical
legal terms reads in part
The Superior Court is advised to
render Judgment sustaining demur-
rer to the special defense and there
upon to render in favor of the relayor
in accordance with the stipulation OF
the parties
Lewis vs. Robert b Turney, ct ais,
and is based on the discharge by
Councilman ZruTney and other coun-
ci1nlen of Town Manager R. NJ Hun
ter without allowing the voters to
MIR. Lewis. a citizen of the town,
drew up a. petition for a recall of the
counci1men, secured the necessary
number of signatures and demanded
the special elecion- councilTnen
fou g1at it to the Superior Court, where
Judge Wolfe sustained the demands
of Lewis ard the petitioners, and then
to the Supreme Court where the de-
cision today again Sustains the petit
TONERS and advises the Superior Court
to order the special election for the
recall of the councilman held
Application by the States Attor-
ton of George F. Lewis for rule
TO show cause why. a mandamus
shou1d not issue requiring the respOn-
dents members of the Town Coun-
-cl of the Town of Sratford- to show
cause why the court should not order
an election for member of the Coun-
Gil, in accordance with the provisions
of Section 20 of An Act establishing
a Town Council and Manager Form OF
Government in the Town OF STRAIT
ford or that a peremptory writ of
1nandamus issue to compel the COun-
Gil to order an election as provided
by Section - of said Act for MEM
Der of the Council brought to the
Superior Court for Fairfield County,
and reserved by the Court CWolfe. j
for the advice OF this Court
Judgment advised sustaining re-
1ator's demurrer and that Judgment
be theTeupon rendered in favor OF the
relatOr in accOrdaance with the ST.
pulat10m OF the parties
William H Co1nley for the rsiator-
Edward x Nicholson for the respon-
dents
Act establishing a Town Council OF
any of its members by the govern
1nent in the Town OF St1atford" CSpe-
cia1 Laws of 1921 p 1o48), provision
council to consist of nine members.
to be elected from the districts form
ed by the Act Provision is made
in the Act for the recall and removal
from the council OF amy of It's mem
bers by the electors of the district
which he represents
The electors of the town OF STRAIT
ford adopted this Act and chose a
council of nine members IN October
1921 Six identical actions are pend
ing in the Superior Court, of which
this action against Robert b Turney
is one. to secure the recall OF six OF
the nine members
The procedure for the recall OF
a member is given in Sections II. IL,
auir enae11ts to set in motion the pro
oadure of recall in this case have ad-
n1itted1y been taken except in two
part culars- Section II provides that
ffAny e1ector OF a voting district may
make and file with the Town Clerk
an affidavit containing the name OF
the council nneGnoer whose removal is
sought and a sta1eI1ent OF the grounds
for removal The fling Of this af-
hdavit is the initial step in the re-
CURED procedure
graph s Of t1ledr answer that. THE
grounds stated In the AFFIDAVIT We're
not true in $50 far as the affidavit
states that the electors Of the third
district had pstitaoned the said Rob
ert 3. Turney to Tescind the resoIu-
tioxa passed by the said council. there
being no petition fled with the said
council or with the said Tusney re-
fn n rRSCiT1d
resolution passed by the said COun-
ell" The respondents Justify the re-
& fusa1 to call an election upon the re-
can petition because one Of the al
legations included in the charges set
forth in the affidavit Is untrue
The second reason assigned for
respondents refusal to call an cleo
ton is the tnadeQuacy OF the certifi-
cate required to be fled by the Town
Clerk Section Is provides that.
Within ten days after the fling OF
the petition the Town Clerk shah
ascertain whether or not the pettt1o
is signed by the requisite number OF
electors and shall attach thereto his
certificate showing the result of such
examination" Section IS provides.
IF the petition or amended petition
shall be certified by the Town Clerk
to be sufficient. he shall submit the
same at its next meeting and shall
notify the member or members whose
removal is sought Of such action"
The Town CLERK within ten days
AFTER the fling OF the petition attach
ed to the petition the following form:
'sThis is TO certify that I have care
fully examined the petition seeking
the recall OF Robert B. Turney.
+ Councilman from the Third District.
d1ed with me as Town Clerk on April
18th by George F. Lewis. A. L. Net
Teton and NesoOr Light. all bonA-hde
electors of the Third District: that as
a result OF said examination further
certify that the said petition IS signed
by at least fifteen per centu1n OF the
oua1ffed voters OF said Third Dis
trict who were entitled TO cast their
votes at the last preceding town cleo
ton. Attest. May Aforeh ouse. Town
Clerk.
The respondents a11eSe that this
certificate is defective because IL Is
mot certified by the Town Clerk as
being sufficient as directed by the said
Section 49," These two alleged de
fects in the recall procedure are set
UP in the answer to which the relator
has demurred upon the ground thai
10th a1ndayit and certificate comply
with the requirements OF the Act The
questions arising upon the demu-res
are reserved for the advice OF this