Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1875-06-08
NEW PSIilKE.
The Gubernato1ial and Senate.
rial Muddle.
The Hearing Before the Superior
Court.
Arguments of Hon. Mr.. Pike and the
Attorney General.

Concord, June T. The Superior Court Il ct this
afternoon, Chief Justice Cushing and Judges
Ladd and Smith being present. On opening the
court Judge Gushing said that he was ready to
hear the arguments on both sides.
Judge Fowler stated that Judge Sawyer, who
was to appear for Messrs. Priest and Prescott,
could not be present to-day, and asked that the
hearing of the arguments upon their side might
be postponed till tomorrow afternoon,
Judge Gushing refused to grant postpone
ment, as there was work for the court that had to
be attended to, and it would be necessary to close
the hearing to-day. lie also stated that the argu-
ments wonld be limited to hour each side.
At 4 20 o'clock Hon. Austin F. Pike, who ap-
peared for the republicans, began his argument.
He said that 1t was admitted on all hands that the
House has constitutional organization, but not
so with regard to the Senate. lnasmuch as the
latter fact was not admitted he should proceed, he
said, to discuss upon that ground There are ten
distinct questions of fact raised, not of which
is raised upon the face of the returns. In addition
various important questions, both of constitution
al and common law arise, none of which can be
considered upon the face of the returns of record
lie had been unable, he said, to find any precedent
or authority for the action of the Governor and
Council. One case two years ago had a signal
failure The action of the Governor and Council
is extraordinary and novel, when for so years no
such question has been raised.
The moderators, he said, are to be chosen by
the assembled voters at every polling place and in
sistance to assert, count and declare The number
of votes ard the names of persons thus voted iOr.
This declaration is to be made record Of III the
town records and certified returns OF the votes Is
to be made by the Town Clerk the secretary of
State. These returns are those referred to IN the
33d article Of the constitution.
1t is claimed that this article gives authority TO
the Governor and Council to examine these rec
o,ds and other things outside of the returns and
records. 1t is claimed on the one hand that this
DIV t,Iip and j. do
rived from the definition of the word examine,
and also that they have any such power at all.
They have the right to call upon the town clerk
to correct his return If it does not agree with the
record. The constitution says the Governor and
Council are to examine return copies OF the
records, but they can examine nothing else When
u specified power Is given any Governor no gen
eral power can be extorted. They are to issue
summons when candidate appears elected, but
they have no power to act when it appears that
no one is elected. In his examination he said
that he found that all authorities hold that board
of canvassers have no judicial powers, but are
simply ministerial officers In the case Pike vs..
Bell and earlier case it was so decided. he
cited numerous authorities in support of his posi-
ton among which were Greeni<fs Maine Re-
ports and also alluded to rule as Congress rela-
tive to the non Judicial powers of Congress. lie
spoke of the short time gwen the Governor and
Council in which to perform their duties, consid-
ering six days limited time in which to examine
election cases, if such is their power lie char
| acterzed any such idea as monstrous and said
that the trainers Of the constitution never intend
ed that they should have more than ministerial
power lie said that the only evidence we had as
| to how many votes cast and for whom, was the
moderator's record. He spoke of the law gov
erning town meetings and stated that the declara-
tons must be made in open meeting. The re-
turns for senators in the case in question, he
serted are perfectly clear. vote for n att Head,
he argued, is properly cast, as it is perfect
| name.
After having read the general statute requiring
all votes lot bearing the full christian to be
considered as blank and not counted, he claimed
| that the Governor and Council have no authority