Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1873-01-25

on bill an act additional to chap. SO Of the
laws of 1869, concerning the Militia. Print
ed under rule. (This bill places the can
droscoggin Light Artillery on the same
footing With other military companies in the
Stste).
Mr.. BARRON from the Committee on Lo-
gal Affairs reported fought not to pass" en-
bill and act TO amend sec. chap. so Of the
revised statutes relating to sherif7s bonds.
Mr.. CUsrMAN from the Committee on FL
nancial Affairs, reported reference to the
Committee on Legal Affairs, on bill and act
to legalize the doiugs Of the selectmen of the
town Of Wiscasset and votes Of the town.
| Mr.. HALEY from the Committee on Legal
| Affairs, reported ''leave to Withdraw" on pc
tition of G.. II. Crosman of letter Planta
! ton, that the inhabitants that were SET Oh
from the said plantation by the last Legisla.
ture, assume a portion Of the debt q sad
plantation.
Mr.. THOMAS tfom the same committee re-
ported sought to pass" on bill an act IN ad-
di.on TO an act 10 incorporate the Bangor
House Proprietary and bill an act relating u
the town of Scarboro'. Read and assigned
Mr.. KNowLToN from the Committee on the
judiciary. on ORDER reported bill an act to
amend chan. llS, sec. &, Of the revised stat
utes relating to the penalty for placing OBJ
structions on railroads. Printed under rule
(This Dill provides that any person who shall
misplace a switch or place any distractions,
on railroad for the purpose OF inJuTing prop
ertv or pass n2ers, and Human lli- is ihereh"
lost, such person shall be deemed guilty IT
murder in lie frs! degree and punished &C.
cordingly. hpersons and property are ~
iured, or pr0perty alone, then The offender
shall be punished by solitary confinement nc:
less than sixty days, and afterwards impris-
onrd at hard labor during life, or for a period
Of not less than ten years.
Mr. KNowLroN irom the Judiciary Com
mittee, reported Legislation uneXpedient,
on order relating to so amending sec. So OF
chap. 81 Of the revised statutes relating to at
tachments of real estate, that no liens shall
be created until the attachment is entered Of
record.
Mr.. MATHEWS from the same Committee,
made minority report, reporting bill, aud
moved that the minority report be accepted
for the majority report, pending which, the
two reports were laid on the table.
| Mr.. MATHEWS from the Committee on
Elections, on petition of Joseph B. Foss
claiming the seat in the House now held by
William +. johnson, reported in favor Of Mr.
Foss, as follows.
REPORT OF THE COMMITTEE on ELECTIONS.
The Committee on Elections, to whom was
referred the petition of Joseph 3. Foss of
Danforth, asking to BE- heard on his claim to
the seat in the House of Representatives now
held by VIM. T. johnson, having carefully
considered said claim, ask leave to report Tia
class now represented by said Johnson, con-
sists of the towns and plantations of Barring,
Danfor;h, Princeton, Baleyville, Topsfeld
No. q, u. ID. plantation, Codyylle, jackson
Brook Tallmadge, Waite, No. T, Range .,
No. 9, Il. 4, and vanceboro'. The votes
thrown at the annual State election in Sep
TENDER, A. d. 1872, as appears by the sever
al returns, was as follows: Barring. for VIM
+. johnson, So, for Joseph B. Foss, Is;
Danforth, johnson &c, Foss 81; Princeton,
Johnson, lag, Foss, 81; Baileyyille; John
son II, Foss Al; Topsfell, johnson ~, Foss
81; No. 2l, U. ID. plantation, Johnson 10,
Foss 10; Codyvillc, johnson 6, Foss 10;
Jackson Brook, johnson 81, Foss -; Tall-
madge, johnson 6, Foss II Waite, johnson
8, Foss lG; No. Z, II. 9, johnson TO- Foss Is ;
No. 9, r. 4, johnson 10, Foss 81; Vance.
.boro', johnson Sc, John b. Foss maxim G
the votes of these towns and plantations, in
the aggregate, stand for VIM. i. Johnson
$40, Joseph B. Fo;s 39l, and John B. Foss :.
The return to the office Of the Secretary of
| State, of the town of Vanceboro', was as fol-
lows; W. f. johnson of Topsfell, thirty-six
| t3G,) John B. Foss of Danforth, seven a.
committee by which they can be led to the
conclusion that the votes thrown were for
Joseph b. Foss, as was claimed by the petit
toner. In several previous contested cleo
| tons, evidence has been admitted and votes
| allowed where the initial letter of the middle
name was different from that Of the claimant
but SO far as the committee are aware in no
case has this been done, where the full first
name was different In the case at issue, the
committee find no difficulty, the claim of the
remonstrant being unsupported by evidence,
in coming TO the conclusion that the vote
Of said town of Vanceboro' cannot be counted
as for Joseph b. Foss. Deducting the seven
votes thrown for. John b. Foss, the vote Of
the class stands, VIM. I. johnson $40, 10.
seph b. Foss 39l, leaving majority of votes
for said Foss of - votes. The return Of the
vote in the town of Danforth, was incorrectly
made, the officers Of said town embracing in
their return Of votes cast for representatives
to the Legislature, the votes cast for Govern
or and other officers. A subsequent return
made to the office of the Secretary Of State
repeated the error of return by giving the
votes for Governor and other officers as
thrown for them for representative to the 43d
Congress of the United States In each of
these returns, tie names of VIM. +. johnson
and Joseph 3. Foss appear as having receiy-
L
johnson for Governor, 26 votes, Joseph b.
Foss for the same high position. 81 votes and
in the other return, said gentleman received
the same number Of votes for Representative
to Congress. The claimant was the clerk of
the town of DanfoTth, and, as he stated be-
fore the committee, saw the votes sorted,
counted and heard the vote declared in open
town meeting. The ballots were printed
IN the usual form and upon them the names
OF William L. johnson and Joseph Il. Eoss
appeared as Representative to the Legis-
lature. He also made up the return and
mailed it TO the Office OF the Secretary of
State on the day subsequent to the day of
election. The town clerks book was also
produced before the committee, and the re-
cord, stated by the clerk to have been made
within three days after the election, showed
- votes for representative to the legislature,
Joseph Il. Foss 81 votes, VIM. +. johnson .2G
votes. No evidence was produced on the
part OF the sitting member, inpeaching the
| record OF the town clerk or tending in any way
to show anything but inexperienee, or at the
| worst, carelessness, oa his part in making the
returns. The voting appears to have been
open and honest, aud your committee cannot
for moment, entertain the opinion that ius-
tee or law require that the votes OF the town