Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1870-02-11

plantation, thus rendering what is now claim
ed 10 be uncertain, sadly mixed.
But, Mr.. Speaker, the decisions of the Hon
orable Secretary are not binding upon this
House, and | beg leave to differ with him in
his construction, and believe can convince
him that he has erred in his construction of
this Statute. Letus examine. Section II chap
ter of Revised Statutes is not repealed.
Read it.
Does this Statute of 1859 supercede the
Revised Statute Just read? it is not an act
additional or ameniatory. Well, then, if
that is not repealed, neither superseded by
this, then the former must be in full force
now: and if that is in full force has II been
with? and of what force and effect
is this of 1859? "A full copy of the proceed
ings cf the inhabitants in making such organ
Who are here meant by ''inhabl-
tants?" Undoubtedly the legal voters. What
did the legal voters do in making such or
ganization Voted. Anything else: No,
that was all they had right to do or were
called upon TO do. Vote for what? LIST, TO
elect moderator; I'd, a clerk, Sd, assess
ors. When they had done that they were Or
ganized. and copy of those facts transmitted
TO the Secretary of State, which he is bound
to record, entities them to vote for Governor,
County officers and representatives to this
Legislature Bnt the Honorable Secretary
has said that "a full copy of the proceedings
of the inhabitants" must include the petition
to the County Commissioners, the warrant OF
the Commissioner, and the return of the per-
son to whom it was directed, together with
the deings of the meeting. Let me ask the
Hon. Secretary if the inhabitants raised or
authorized the petition to be raised to the
County Commissioner to call them together!
Ill siupp1 tho o.
tition without the knowledge or consent, ex-
press or implied of the inhabitants Did the
inhabitants issue the warrant? No, the Coun-
ty Commissioner. who is not even an inhabi-
tant of such plantation, did that. Now. them
what was there for the inhabitants to do in
making such organization? Happily we have
the Revised Statutes to inform us, and from
which we obtain the legal construction. Re-
vised Statute, section 35, chapter 3, then in
force. reads as follows: ''and organize by
election of such officers" This is conclusive.
No unbiased mind will longer deny that the
return of the organization of Cyr, received IN
the Secretary's Office August 18th, 1868, was
in full compliance with the law, and should
have been recorded.
When the records of that Office show, LIST,
the limits of the plantation, I'd, the proceed
ings of the inhabitants in making such organ
of one, or three of its inhabitants,
acting without license, or even the knowledge
of any others; but of the Inhabitants, assem-
bled in one place, all acting intelligently upon
one and the same subject and at the same
time: then. and only then, can they be said
to have proceedings. Of what use would
copy of the petition and warrant be on these
Who would know whether the sign
ers to the petition were legal voters, or that
the person issuing the warrant was County
duly elected and qualified!
Just as well now as when recorded; 1t would
prove nothing; sufficient is it for us to know
that the inhabitants met, and by their votes
by electing the proper officers,
and made a return thereof to the sffice OF the
Secretary of State and there recorded.
Itmay he asked why repetition in section
2, chapter Jog of 1889? Several reasons may
be given. LIST. Many of our acts are very
drawn. There is no one thing we
need in our Legislature, more than clear
headed man of high legal attachments to draft
our bills for u.s. This bill itself bears upon its
face the strongest evidence that it was drawn
by some tyro in the art, who was more anx-
ious to achieve the result than for the manner
in which he accomplished it. Read it. ''All
plantations organized hereafter for election
purposes, must be organized at least sixty
days prior to the second Monday in Septem-
Der, and a full copy Of the proceedings of the
inhabitants of said plantation in making such
organization shall be transmitted Immediately
10 the Secretary of State, to be by him re-
corded" Second Monday of what Septem-
Der? September of what year! The act is
silent on this point. Why the sixty days be-
fore the second Monday! And suppose it is
not organized sixty days before? What hap
pens? There is no light in the act which even
hat thn,, ,yaf thor
from such loosely drawn and imperfect act
as this proves to be to aid us in its construc
ton! OF itself, section must be all con-
struction, for there is nothing in the language
that is certain and definite; and there is moth
ing else in the statutes to aid in single par
ticular except what the proceedings of the
inhabitants must be in making such organiza-
ton. The clerk and assessors can well say
it does not belong to us to transmit the pro-
under this act, for we are not men,
toned in it, but we are mentioned in chapter
4 of the Revised Statutes, and our duty de-
fined But as / have shown, the officers of
Cyr plantation did comply with this act, I'M
certain as it is.
They organized in August, 1868, evidence
of which, as required by law, was filed in the
Office of the Secretary of State'on the 18th OF
the same month.
The first reason then why the votes Of Cyr
plantation should not be counted, as stated by
the majority report, fails. Instead of nothing,
before them entitled to the weight of evil
dence, we find full and legal evidence, which
would be received in any court in this State.
And what is to follow, if the proceedings of
the inhabitants in making such organization
are not sent to the Secretary of States office,
and by him recorded? Why nothing, except
the penalties provided in the statutes forfeit
ed by town and plantation officers for neglect
to perform the duties. In order to disfran
chise the voters the statutes should expressly set
forth that if this is not done the votes should
not be counted. As no such penalty appears
then none can be presumed-we must take
the statute as we find it. And how inconsistent
such law. Unless the Secretary recorded it
they would be as truly liable to disfranchise-
ment as for not sending the copy of their pro-
ceedngs, thereby putting the power of dis
in the hands of State officer.
Mr.. Speaker, this inalienable right so dear
to the people, was not thus intended to be
abused.
Now to the second reason why the votes of
Cyr were not counted.
mo legal or official returns of the votes of
Cyr have been made as required by the Re-
yised Statutes, chapter 4, section 49," Read
that section.
1t is not denied but that the legal voters in