The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1863-02-09
Please stand Corrected.

The Legislature Clover branch) have dispos-
sessed Mr.. Bruce, of Somerviile, OF ms seq, "
the House, and given 1t TO Mr. uoi1 n. ny n
question turned on the manner OF spelling the
name of Colder in the votes. The House declar-
ed nevertheless that Mr.. G. was the person meant,
and gave him the seat We do not say the House
was wrong, but only the other day the new
Judge Dickerson decided on an application for
mandamus, in Sagahahoc, just the other way
and that decision gave an abolltonlst promi-
nent county office. Sauce for the goose does not
seem to be sauce for the gander.-l Argus.
The Argus has been led into error by not
keeping in view a constitutional provision for
determining the rights Of members OF the leg
slature to their seats. Judge Dickerson's de-
cision in the case named, referred only to the
powers of County Commissioners in determin-
ing the election of county officers. He decid-
ed that the Commissioners could not go be-
hind the records of the towns. They might
90 behind the certificates Of election made to
the County Clerks Office, by the clerks Of
towns, to see If the certificate was in accord
ance with the record, but there their retro
spective powers ended. Ifvotes are recorded
on the town records for A. T. Thompson, and
other votes for Albert T. Thompson, the Com
missioners have no right to go beyond the
record, and cannot count them as for one and
the same person. There is not lawyer at the
Sagadahoc bar who questioned the correctness
Of the decision, and probably no sound lawyer
in the State viii do so. And let il be borne
in mind that the Judge made this decision with
reference 10 county officers only-officers the
votes for whom are counted, and the certiH-
Gates Of whose election are given, by the Coun-
~ Commissioners.
But In the somerviIIe case the same rule
does not apply. Sec. I'd OF the 9Th article Of
the Constitution says, Each house shall be
"ihe judge Of the elections md qualifications
''of it, own members" The House or Senate
may, ifit sees a. to do 80. receive evidence To
show that By A. T. Thompson the votes
meant liberf +. Thomson, = while Commis-
sioners can do no such thing. In counting
the votes for Senators the Governor and Coun-
ell have no power TO 20 behind the returns,
but the Senate, when organized, Is not thus
restricted. The national House Of Represen-
tatives have power 10 go behind returns and
records, In contested cases, but the Governor
and Council have no such power in counting
the votes for Representatives to Congress. II
the returns from the town OF Newfeld, at the
last election, had been as il was supposed at one
time they would be found, for Leonard instead
of Lorenzo ID. NJ Sweat for Congress, and even
II the totrn record had been thus made, while
our worthy fellow citizen would necessarily
have failed to receive the certificate Of his
election, he would not have been excluded
from carrying his case TO Washington, nor
would the national House of Representatives
have been deprived Of the right to examine
into the case, to go behind the records, and to
receive testimony on which to base practical
correction of the error. The truth is, there
is no conflict between Judge Dickerson's de-
cision in the county officer case, in Sagada-
hoe, aud the Somerville case, in the Legisa-
ture.
The Argus has furthermore been led into
error by its party prejudice. The decision of
Judge Dickerson, instead of giving ian aboli-
zionist prominent county Office" did not Sc
cure the office to the republican nominee. Mr..
Bovee, whom it was proposed to dispossess by
the asked for mandamus, was not nominated
by the republican party, but was independent
ly run in opposition to the regular republican
candidate.