Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1870-02-08
MINE LEGISLATURE.


Remarks Of Mr.. Barker Of Stetson,
In HOUSE OF REPRESENTATIVES,, Feb, 3D. and
4th, on substituting the minority for the majority
report Of the Committee on Elechons, IN the con
tested election case keegan Us. Dickey.
Mr.. BARKER was glad at last to gel
some reasons for the action of the COM
mittee in DISTINGUISHING Gyr plantation
They say in their report there is nothing
entitled to the weight of evidence that ii
was ever organized. The gentleman from
Houlton reiterates the statement. but al
the same time exhibits a record OF Its
September vote of 80 for keegan to fol
Dickey, and objects to its being counted
on new ground, that it is all in the HAND
writing of Keegan, signatures and all.
Mr.. Barker shew the original returns
from the three plantations OF st. johns, 81
Francis, and Eagle Lake, and caiiea the at
tention of the House to the fact that ever!
word. letter and line of the returns except
the signatures on part OF thehl were III
the handwriting Of Mr.. Dickey, ana II that
was right he thought it right tor MI nee
gan to be allowed to make up his returns,
and at the request of his French officers
who could not write, to sign their names
forthem, But he objected to neither-he
merely offset one against the other.
The point made is want OF organlza-
ton What is the organization OF plan
tation? What are the people of an unln-
corporated place required to do on their
part to make an organization! SIMPLY 10
meet at time and place, named ana
chose a moderator, three assessors, ana
plantation clerk, and swear them. That
is all, and when done they are organized
for election purposes. Ihereupon they
have the right to vote. For all municlpai
purposes they can thereafter vote, ana no
one question their right. But to have
their votes counted for State and County Oh
ticers the Statute requires that evidence OF
that organization be filed in the Office OF
the Secretary OF State. That is merely di-
rectory and the House being final judges
of the qualification of their own members
may, as they have often done, dispense
with the mere statute requirements gong
to forms merely, and give effect to an
honest vote. The evidence to ba filed, as
required under the Act of 1910, re-enact-
ed in the revision of 1857, is merely that
the assessors and clerks should forthwith
transmit under their hands certificate OF
the limits of the plantation. This was
done by the assessors and clerk OF Cyr,
Aug. Sd, 1867, land the original return,
bearing the Secretary's certificate OF It's
being received Aug. 18th, 1868 was then
in his hands which Mr.. Barker read to the
House. So far then Cyr is organized, and
under the Revised Statutes, chapter 4,
Sec has the right to have her vote
counted.
But the gentleman from Houlton invokes
another law of 1859, which, he says, was
passed to protect us against Madawaska
frauds, and says that under that law no sufh-
cient evidence exists of an organization. Mr.
Barker introduced from the State Library the
public documents of 1859, in which was the
report of Mr.. Pike, Special Commissioner
under Governor Morrill, to investigate frauds
in Aroostook County, and also the report OF
the Legislative Committee, who drew and re-
ported the very law of 1869 which the MEM
Der from Houlton invokes. Mr.. Barker would
not of his own motion put in the report, as it
might have a tendency to prejudice members,
but as the gentleman had stated that the law
was passed to protect the people against
frauds in elections, he proposed to let the
House know whose frauds rendered the law
necessary The law of 1910 provided for
common voting centre, and that men living
anywhere near it might vote there by sending
in their names in June annually. Under that
law Hancock plantation included about all
the territory now included in the towns and
plantations, throwing majority vote for Mr..
Dickey in the late election. Fort Kent was
the voting place for Hancock plantation. BY
both reports it appears that at the election in
1858 large fraudulent vote was polled at
that place, and that Mr.. Dickcy was implicat-
ed in the fraud. He held the box into which
nearly 200 fraudulent votes were thrown that
day He was candidate for State Senator
1t appears from the report that rum and mon
ey were freely used to debauch the voters.
and that boys of Is were permitted to vote,
Mr.. Barker would not read the sickening de-
tails of the report, and hoped no member
would before voting in this case, as he desired
to invoke the calm, considerate judgment,
and not the passions or the prejudices Of the
House. 3tt
This great wrong led to further provision
in the plantation law of the State. The law of
1859 repealed all organizations of plantations
then existing larger than single township
and provided that no new one should be or
ganized embracing more than one township.
The requirement of filing limits was not
however repealed, so that as the law now
stands that must be done. So that under the
law of 1859, which was enacted 10 guard and
protect and not to disfranchise honest voters,
the plantation of Cyr is duly organized, unless
a further provision of that law be invoked
against her. That is sect 2, which requires
that IA full copy of the proceedings of the in
habitants in making the organization shall be
to the Secretary of State to be by
him recorded" That imposed new duty not
provided for in the Revised Statutes. 1t is
now objected that Cyr has not complied with
that provision, and therefore her vote should
not be counted.
Mr.. Barker contended that a substantial il
not technical compliance with that provis-
ion had been had He held in his hand and
read to the House certificate under the hand
of Dennis d. Cyr the clerk of Cyr plantation,
to the effect that on the Sd day of Aug. 1868,
a meeting duly and legally called was holden
and the proper officer chosen and sworn nee
essary TO constitute organization. That
certificate was received and filed in the Secreta-
RVS Office Aug. ID, 1868. 1t gave all the in
formation the law contemplated. The State
knew all it was necessary to know, the limits
and the officers of the plantation.
Resting here, Mr.. Barker contended there
was enough TO constitute an organization and
evidence enough TO count their votes. But
the case did not end here. The Legislature
Of 1869 passed a special act, giving $3.50 to
certain Madawaska plantations for school pur-