"State of Maine, Penobscot—ss.
"To the Supreme Judicial Court As in Equity.
"William F. Curran, of Bangor, in the county of Penobscot, petitions and complains against William Z. Clayton, of Bangor, in said county, and says:
"That he, said Curran, is a natural born citizen of the United States, of the age of twenty-nine years. That he is now, and has been for several years past, continuously, a legal resident in, and duly-qualified voter of, ward seven, in said city of Bangor. That he is legally qualified to be elected to and hold the office of alderman from said ward seven, in the city council of Bangor.
"That he was duly elected and qualified as alderman of said ward seven in March, 1892, and held said office for the municipal year then next ensuing. That at the regular annual city election in said Bangor, on the second Monday of March, 1893, duly and legally held under the provisions of law, and especially of chapter 102 of the Public Laws of 1891, he was a candidate for re-election as alderman for said ward seven, in the city council of said Bangor, for the municipal year then next ensuing. That, as such candidate, his name was duly and properly placed upon the official ballot to be used at said city election in said ward seven. That of the qualified electors of said ward seven, at said election of March, 1893, he received a clear majority over all the other candidates voted for as alderman at said election in said ward seven, in that, of the different candidates for alderman, whose names appeared upon the official ballots cast at said election in ward seven, the
qualified electors of said ward, by proper cross upon the official ballot, indicated their choice as follows, viz.: "The respondent, William Z. Clayton, had 295 votes.
"Said William F. Curran had 310 votes.
"John S. Ellis had 12 votes.
"The whole number of ballots cast for alderman was 617 votes.
"Necessary for a choice, 309 votes.
"And your petitioner was duly declared elected as said alderman.
"That, at said election in ward seven, all the votes given in for the several offices, including the said office of alderman, were properly sorted, counted, declared, and registered in open ward meeting by the warden of said ward, in the presence of the clerk of said ward, who caused the names of the persons voted for, and the number of votes given for each, to be written in words at length, and duly and properly recorded.
"And the ward clerk of said ward seven did within twenty-four hours after said election, to wit, in the evening of the said second Monday in March, 1893, deliver to said Curran a certificate of his election as alderman for said ward seven, in said city council, as aforesaid.
"And said clerk of ward seven did forthwith deliver to the city clerk of said Bangor a certified copy of the records of said election. That on the third Monday of March, 1893, the aldermen and city council elect duly met in convention, when and where, no one protesting, the oath of office was duly administered to your petitioner to perform the duties of alderman from ward seven, in the city council of Bangor, for the municipal year then next ensuing, whereupon your petitioner assumed the duties of said office, and continued to perform them until the unlawful assumption of the same by the respondent as hereinafter stated.
"That at a meeting of the board of aldermen of said city held on the 5th day of April, 1893, said board, against the protest of your petitioner, improperly and illegally went behind the said returns of said clerk of ward seven, in so far as they related to the election of an alderman, and recounted the ballots cast at said election in ward seven, and, by counting as cast for said respondent six ballots so defectively, improperly, and illegally marked as to make it impossible to determine the voters' choice for alderman (five of said six ballots having been properly and legally rejected and marked as defective in the said counting at said ward meeting, and one of said six ballots having been counted for mayor only, and properly not counted for alderman, at said ward meeting), the whole number of votes cast for alderman in said election was claimed to be increased from 617 to 622, and therefore said 310 votes cast for your petitioner were claimed not to constitute a majority of said 622.
"Your petitioner further says that said recount showed an error in the ward count of one too many votes for said Clayton, so that the actual legal votes cast at said election for said Clayton were 294 instead of 295, which 294, together with said six ballots illegally counted for said Clayton, made a total of 300 votes claimed at said recount as cast for said Clayton; and thereupon said board of aldermen voted that there was no election of alderman at said election of 2d Monday of March, 1893, in ward seven, and ordered a new election, against the protest of your petitioner, who says that said attempted recanvass of the votes cast at said election in ward seven on 2d Monday of March, 1893, was improper, and without authority of law.
"The acts of the ward officer, in the absence of fraud or willful misconduct, in declaring your petitioner elected, were conclusive in the premises, and not subject to review by the board of aldermen, and, even if they were a subject of review by the board of aldermen, they acted illegally in counting said six defective ballots, as indicating the voter's choice of said respondent or any one else for alderman.
"And your petitioner, through the city committee, and directly himself, notified the city clerk that he should take no part in said second election, and not to print his name upon the official ballots, and his name was not printed thereon, and he in no manner participated in said election, which was held on the 8th day of May, 1893, whereat said respondent claims to have been elected to the office of alderman of ward seven, in said city council, for the municipal year 1893 and 1894.
"That said respondent holds a certificate of election to said office issued to him in pursuance of said election of May 8, 1893, by ward clerk of ward seven, and said respondent was sworn in to said office on the 9th of May, 1893, and now claims to hold said office in pursuance of said election of May 8th, 1893, to the exclusion of your petitioner.
"Your petitioner, William F. Curran,—a person eligible to said office, and claiming to be elected to said office of alderman from ward seven, in the city council of Bangor, for the municipal year 1893 and 1894, as hereinbefore more fully set forth,—proceeds against said respondent, William Z. Clayton, who claims to hold said office as hereinbefore more fully set forth; and your petitioner, as a part of this bill of complaint, begs leave to refer to and produce in court, in so far as the same may be pertinent to the issue the records, or certified copies thereof, of said ward seven, and of said city, and to produce for the inspection of the court the aforesaid ballots cast and claimed to have been cast at said election of 2d Monday in March, 1893.
"And your petitioner prays that time and place may be set for hearing upon this petition, and said adverse party notified thereof as provided by law, and that said adverse party may be required to file at said time and
place of hearing an answer traversing the facts hereinbefore set forth, which he does not mean to admit, and that all the facts hereinbefore stated, not denied by the respondent, shall be taken as admitted by him.
"And your petitioner further prays that, if judgment is awarded in his favor, an order of court may be issued against said respondent, commanding him to yield up said office, and that your petitioner may be allowed to enter upon the duties of said office, the forms of all which orders are particularly specified in sections 53 to 57 of chapter 4 of the Revised Statutes, and acts additional thereto and amendatory thereof, especially of chapter 260 of Public Laws of 1893; and your petitioner prays that costs may follow judgment in his favor. Wm. P. Curran.
"Bangor, Maine, May 12, 1893."
