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


itation Of the style of that ''school master
abroad" who has doubtless welded the sceptre
of authority, the birch, in those quarters from
time immemorial, your committee were en-
tirely unable to determine. 1t is not I'M
known to the committee, in fact the presence
of our agile and omiable friend from NADIA
waska, is constant reminder of the famous
Dickey and Keegan case of 1870. In that
case, no plantation returns, contained, as was
proved, single genuine signature. The re-
cords ard certified returns being made up and
signed by outside parties, at the request OF
! officers, in a large majority of cases, who
| were unable to afix their own signatures IN
! Yyopyia persona. We, therefore, can see no
reason, even ~ a strict legal Interpretation OF
the rules of evidence, as applied to the evil
! dence introduced before your committee. why
the votes of these plantations should be ex-
! cluded. The result of our investigation is,
( therefore, that Joseph b. Foss Of Dsnforth
was elected by a majority of twelves votes 10
! the seat now occupied by VIM. T, Johnson
4 aud is legally entitled to the same.
lS;gned) S. W. MATTHEWS,
Chairman Of Committe on Elections.
Iho report was accepted, and the following
resolutions, submitted By the committee, were
/ adopted:
Resolved, That Josepa q. Foss, having re-
ceiyed plurality Of all the votes cast for
representative to the legislature in the Dan
forth cliss is entitled to seat in this House.
Resolved, That William T. Johnson, not
having received a plurality of votes in the
said class, is not entitled 10 q seat II this
House.
Mr.. JoHIsoS arose aad said he cheerfGilv
acquie sctd in the result arrived az by the
Committee on Elections, for he had all conf
dsrcc in them IS an able and faithful commit
t"e while it had been his rriyl. e to be in
tAe !! 5ase. le had formed many pleasant at
Guajatiacos aa1 he VS. free 70 S8y Tat lie
knew 70 party lines. He had r5re Tat the
hudest feelings toward all end A71, of envy
toward his successor Mr.. Foss}, And he
ha2el tbat when lie should take his seat, that
it vouid be to fiji the position better than h
(Mr. olnson) had done. 1t was with reluc-
lance that he bid the members good bye,
and hoped that this would not be the last
time that he should come here.
PASSED TO ZEE ESGEossER. An act TO au-
thorize Bradford Thompson to extend wharf
at Rutherford's Island Gut an act to author
ize Jacob II. Keen to repair and extend a
wharf in Medomac river in Bremen resolve
in favor of Jesse Drew.
Bill an act to authorize Nathaniel Thomp-
son to build wharf in the Kennebunk river
ut Kennebunk, was read third time and laid
on the table, on motion of Mr.. CARL.
PASSED TO DE ENACrED.-Act to incorpo
rate the Williams Slate Quarry Co. of Brown
! vile; an act to increase the capital stock OF
| the Lac0nil Co; an act to incorporate the
Winterport and Bucksport Ferry Co.. an act
to amend an act authorizing the inhabitant:
| of Addison 10 build a bridge across Pleasant
river; an act to incorporate the town OF Her
/ sey.
+ FINALLY FAssEp.-Resolye providing for
the purchase of the Maine State Year Book
and Legislative Manual; resolve ceding to
] the United States jurisdiction over certain
| lots in Mt. Pleasant Cemetery in the city of
Augusta.
Mr.. CoRruELL offered the following
ORDERED, That the Clerk of the House
be directed to make up the travel and pay Of
Vim. 7. Johnson for the entire session.
Mr.. VINTos opposed the order. The gen.
tleaan from East Machias Mr.. Talbot had
drawn an order which met his views.
Mr.. TALBOT read an order which he said
he had proposed to Introduce, which was as
follows:
ORDERED. That the Clerk of the House be
directed to make up the pay Of William f.
Johnson of Topsfield to tomorrow, at the
rate OF So per day, with the usual mileage.
Mr.. VISToN moved to amend the order in
troduced by Mr.. Corthell by substituting the
one drawn by Mr. Talbot.
The amendment was adoptcd-Gt 10 IL
and the order allowing So per day was
passed.
Subsequently reconsideration of the vote
was moved.
Mr.. CoRTUELL said that as an act of JUS
tee ne hoped the vote would be reconsdered.
Mr.. johnson did not intend at first to come
here and contest the election, but he received
a certificate from the Governor and Council
directing him to come as Representative
elect. By that certificate he is here, and has
been obliged to employ counsel and be at
large expense. which other members have
not. His winters business had been broken
up by his coming here and he submitted that
it would be mean Of the State after he had
come here by direction of the Governor and
Council, to send him back stripped of every
dollar it proposes to pay him. He raised the
point, that the Constitution says the pay
shall be by the session, and he would inquire
il it was competent for the House to change
it and make it per diem pay.
Mr.. BIsBEE remarked that he voted for the
amendment, but upon hearing the statement
of the gentleman from Calais (Mr. CorthelD
he should vote to reconsider, but at the same
time, he did not endorse the point raised as TO
the constitutonality of paving per diem.
Mr.. WEEKS said that if the House adjourn
ment was reached on the I4th OF February,
as contemplated in an order passed, the gen.
tleman would not get his proportion of the
$50, at IS per day. He thought the gentle
man should have his full pay,
Mr.. VNToN, looked at the principle
involved. There can be but one men,
Der here from this class, and it turns
out that this gentleman who held the certf-
cate of the Governor was never member of
the House, because never elected. The issu-
ing Of the certificate was a mistake, and the
House has corrected it and pat in the man
who is entitled to the seat and entitled to it
from the start. The man who comes here
under "A certificate from the Governor, comes
properly, because he is called What ought
the House to do as an act Of Justice? The
order Of the gentleman from Calais was irony
in principle, because that puts the gentleman
from Topsfeld (Mr. Johnson) rs a member,
when he never has been one, and by it we
shall have to pay him, as well as the member
who gets the seat. He trusted the House
would see the improperly of it. lie also
contended that the question of constitutional
ity did not enter into this question.
Mr.. CoRrHELL replied briefly.
Mr.. TITcoMB cited precedent for paying
contestants for the whole session, viz: Moore
rs faIl in ba a