The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1875-05-18
IicanS.
Trouble with Frank Jones
Name.

Trouble with Frank Jones
Name.
CONCORD, May lin accordance with the
adjournment of Thursday last, the Governor
and Council met this afternoon at O'Clock.
At the previous meeting the questions had
arisen over the votes in senatorial districts No.
2 and4. The matter was discussed and hear
ing took place. 1t was then voted to refer the
question TO the judges of the Supreme Court
for their opinions, provided they could be OBJ
Sained before O'Clock this afternoon, otherwise
the Governor should get such advice as crcum-
stances would admit. The meeting this even
ing was cot public, but an interview with the
Governor and several members of the Council
elected the following facts: On the opening of
the meeting Gov. Weston reported that on
reaching Manchester on the morning of the
meeting he telegraphed Chief Justice Gushing
of the Supreme Court, asking where he could
see him, and received an answer saying at his
home in Charlestown; that he left Manchester
Friday morning and reached Charlestown about
noon. He communicable the judge the vote
of the Council. He replied that it was imprac-
ticable to obtain the opinion of the court in
the time specified. He further said that there
would not have been time had he known day
earlier, nor could the opinion be obtained ii the
time were extended day later. Gov Weston
took with him all the papers relative to the
case; also questions reduced to writing on
which to ask the opinion of the court
Councillor Lowell then presented the follow
ing letter received to day by Hon. Mason w.
Tappau, counsel for the Republicans in the
matter, from Judge Gushing:
"Charlestown, ", H., May II, 1S75:-.Hon:
Mason w. Tappan,-Dear Sir: The opinion OF
the court has not been required and there is
nothing before it. L should have answered
your tele .ram last evening but was unable to
find an operator, having received the telegram
late in the day. Very truly yours,
(Sgned) e. l.. CUSHING"
Mr.. Lowell also read telegram received by
the counsel from other judges in answer to
requests made to them for a hearing Gov
Weston then sent the following telegram to
Judge Gushing at Plymouth, where he's at
tending court:
Concord, May II, 1S75.-Hon. e. L. Cushing,
Plymouth n H.-Your letter to Tappan, say
quired has been misconstrued here. Be good
(Signed) JAMES A. WESTON.
In the evening, after the adjournment of the
meeting, the following was received by the
Governors:
Plynyuth, May 17.-Gov. James A. Weston,
Coucord.-You called on me on Friday after
noon and informed me that the council had
voted to take the opinion of the court ii it
could be obtained by this afternoon at three
O'Clock. After full consideration replied that
did not think it was practicable. You then
told me that you would not require me to make
the attempt.
(Signed) e. l.. CUSHING.
Mr.. Lowell withdrew from the meeting for
the purpose of comparing his copy OF the letter
received by Mr.. Tappan with the original 1t
was stated by the gentlemen with whom the
conversation was had that Gov. Weston re-
qested him to give the substance of his report
of the interview with Judge Cushing to the
parties interested in behalf of the Republican
candidates. Mr.. Lowell afterwards returned
with long written protest against the action
of the Governor and Council in reference to the
returned copies of the records of the votes for
senators counted andIdeclared by the modera-
tors in senatorial districts Nos. 2 and 4
1t claims that according to the 33d article of
the Constitution it is the duty of the Governor
and Council to examine the copies of the votes
and to issue the summons, notifying such per-
sons as appear by these copies to be chosen
senators by a majority of votes and OF their
consequent right to attend and take seats; that
the Governor and Council have no right to
throw out, or set aside or override or disregard
the town clerks correct returns OF the votes, or
do anything more than to asce rtain by mathe.
NAUTICAL computation of the returns what per-
sons have a ma jority of the votes and give no.
tice accordingly; that the power OF the Cover
nor and Council is plainly defined by the Con-
stitution and settled by the uniform practice OF
former Governors and Councillors, and by
unanimous decision of the Supreme Court in
1873; that the proceeding with reference to the
districts named are unconstitutional and void;
that the appointment of senators by the Gov
ernor and Council is a usurpation of the power
of filling vacancies which is conferred upon the
representatives and senators, who are the
judges of the election of their own Members
and is an attempt to nullify the last cleo
ton and to retain branch of the government
in the hands of party from whom the people
bava 6pci1ab il shall bp transferred
1t spoke at some length of the evil tendency
and effects OF such proceedings upon this and
sister republics 1t charged that the uncon-
stitutionaty Of the proceedings is acknowledge
ed and represents the peculiarly hagrant and
aggravated character of the disaster and dis
cord threatened by the refusal of the Governor
and Council to ask the present court whether
they entertain any doubt of the soundness of
the opinion of the Governor and Council by the
court two years ago. 1t is alleged that the re-
voted to obtain the opinion of the court, and it
being the duty of the Governor to use every
effort to get their opinion he visited Chief y U.s.
tice Gushing the day following the vote, and re-
ported to the Council that it was lmpractcable
to obtain the opinion of the court at the specl-
fled time; that it was the evidence before the
Council that neither Judges Ladd or Smith had
been asked for their opinions nor asked by
the Governor and Council to come together
for consultation on the subject; that
would have been no difficulty in securing
the attendance of the whole court to con slider
the question and Geographic dispatch would
undoubtedly have brought them all together on
Friday or Saturday morning; also that Chief
Justice Gushing the day after the interview
with him stated that the opinion of the court
bad not been required and that there was no
case before them.
He stated that it was in the evidence before
the Governor and Council, that the counsel for
Gen. Head, Mr.. Todd, communicated with the
counsel for The other side, with Gov. Weston,
with each of the judges asking for a hearing
ia the case, expressing a willingness to agree to
any time, agreeing to waive every possible OBJ
lection that might be made to a hearing and
decision of the court or summons OF the Cover.
nor to the Senators elect on the score OF time.
The document minated that the proceedings
were an attempt SO deceive and defraud the
people and the parties by pretended submis-
SION where everything indicated determlna-
ion TO avoid IL. -,
A vote was taken and the resolutions sub
mi;ted on the previous meeting 10 the eHecG
that the votes cast for Matt Head and other In
eligible candidates in the Second district, be
thrown out, and that James Priest, the Demo-
cratic candidate, having received majority Oh
the legnl votes, be declared elected, ana tna1
the votes of Arthur Deering and the other ~
eligible candidates in the fourth district pe
thrown out, and that r. w. Proctor, theI Demo-
cratic candidate, be declare elected, as he hav-
ing received also majority of the legal votes
cast. 1t was carried probably by a party vote
of four TO one, Though the yeas and nays were
not taken. Certificates have probably been
issued to the Senators elect There is consid-
cradle excitement over the matter, the Repub-
Iicaus expressing much Indignation over the
action of the Governor and Council, while the
Democrats are correspondlngly jublant. There
will doubtless be great effort made by the Re-
lublcaus 10 unseat Priest and Proctor.