Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1871-12-30
THE CONTESTED ELECTION CASES
Nv HANCOCK AND AROOSTOOK
COUNTIES.

COUNTIES.
So much has been said in the newspapers
about these cases that the public must be
quite we'll informed as to the points involved
and perhaps tired of them. The Aroostook
case was not decided because of any recent
opinion of the Supreme Court, but on prin-
ciple established by the Court some Years
since in a case submitted to it, that is, wheth-
er one person has the right TO sign official
documents for another person. The Court
decided that such signature was not what
the law contemplates, and It would not be
legal. In two or three plantations in Aroos-
took County, the returns were signed by one
nerson. This was not only evident on in
,pection but the atiid tvit of the person who
signed one of them was offered in proof
In this county at first it was alleged that
the proceedings in two wards in this city were
illegal and that the votes should he thrown
cut. The Supreme Court, or six OF them de
cded that the Governor and Council could
not 90 behind the returns, that the dntles de-
volying upon them were only ministerial.
Judge Dickerson and Tapley took different
view, and held that they might go farther and
pass upon the legality or correctness OF the
return. But majorites with Judges, as with
all classes of people, rule. Some OF tue
votes for Clerk Of the Courts, both for a Mr..
saunders ana LOT u MI NiHICl NtiN iNN"ihN
with only the initial letters of their Christian
names. but the votes returned for Eutson b.
Saunders were more in number than those for
Isaac Y. Murch, aud he was declared elected,
in accordance with the decision that there was
no going back of the returns.
In the case of the County Commissioner,
| there were three or four hundred votes re-
| turned with the name spelled so differently,
| from the balance, that it changed the pronun-
| citation of the name. The name was spelled
three different ways and all essentially differ
ent II it is sa4d that the intent no doubt
was to vote for one and the same man, so II
may be said that votes cast i'll waldo COUNTY
| for VIM. II. Mclean for Senator were inteud-
ed for VIM. II. Mcclellan. but the Governor
and Council decided that these votes could
not be counted for Mcclellan, and they were
not. In this case it has transpired that some
one had the Mclean votes print, for the ex-
press purpose of defeating Mcclellan, the
persons who cast them, supposed at the time
| that they were voting the regular ticket. In
| the case of County Commissioner, Mr.. CHI
bert E. Simpson was declared elected. Count
| ing all the votes cast against Mr.. simpson, as
for Mr.. Deasy. then the latter leads the for
! mer less than one hundred and fifty votes ;
| and in the case of Clerk of the Courts, count
ing all the l. Y. Murch for Isaac Y. Murch,
and all the II. B. Saunders, for Hut>on u.
Saunders, then the former leads the latter
eleven votes.
One of the decisions referred to by the
majority of the Judges, is one given in 1873
| in answer to the question propounded by
Governor Anderson. The town clerk i'll
making his return omitted the middle name
of candidate voted for, for a county office,
and afterwards he amended his return to cor
respond to the facts. (the votes contained the
I middle nnne) and asked that the mistake be
corrected or the amended return be substi-
tuted for the first one, because the middle
name was accidentally omitted both in the re-
turn and in the record. The opinion of Judges
Whitman Shepley and Tenney was that the
Governor and Council could not go behind
the return. They say: 1.-The powers con-
ferred upon the Governor and Council are
specific and precise; and it is believed that
it would be irregular to go beyond them, OF
in any manner to deviate from them. II they
could receive evidence that the certificates
were erroneous in one particular, they might
with equal propriety do so in another, and sc
exercise powers of judges of those elections
generally and without restriction. - Els
| uoyfb American.