Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1875-05-28

In a recent article the Journal still farther
exposes the fallacy of the reasons given
for the democratic outrage, and reinforces
its own position by reference to recent
case in this State, as follows:
The strong card of the extreme partisans
who are defending the course OF Governor
Weston and his council in thu owing out
the 5000 votes returned for Matt Head as
Senator from the second district OF New
Hampshire Ca clear majority. is that
Judge Fowler. a republican jurist, has
given his opinion that it is competent tor
them to do so. The truth about the mat
ter is, that Mr.. Fowler is an eX-Judge who
was employed to argue the case on that
side. and like other attorneys he did bis
best for his clients. The weak point OF
Mr.. Fowler's argument is that he under
takes to apply a law which specifically re-
lates to "ballots" received and counted by
selectmen. to the "rcturns of votes which
are examined and added by the governor
and council. The republicans OF New
Hampshire desired to submit the question
to the Supreme Court of that State, but
the democrats prevented this submission.
1t is well known that the New Hampshire
Court would have held rs the Court In
Maine has.
We notice that one democratic paper
claims that the Governor and Councll IN
Maine Ghe constitutions of Maine and New
Hampshire being similar) have gone be-
hind the "returns' in the cases OF County
Commissioner and other county officers.
That is true and the law specifically au-
thorizes them to do so in the case OF re-
turns of votes for county officers, Tor tie
very good reason that the Governor ana
Council are in such cases the ultimate TIL
bunal to decide not who appear to be
elected, but who are actually elected But
in the case OF Senators and Representa-
tives. the constitution limits the powers OF
the Governor and Council TO simple eX-
animation of ''retufUs OF votes Tor the
purpose of ascertaining who appear 10
be elected and specially reserves to each
house the power of judging OF the cleo
tions and qualifications of lis own mem
bers.
But we have Il recent case III point 10
Maine. Last tall the Governor and Coun-
Gil of Maine opened the returns OF votes
for Senators, and on coming TO Cumber-
land county. found that Samuel A. Hol-
brook (rep.), was returned as having
few votes less than majority, whlle
about 800 votes were returned as cast for
Samuel IIolbrook. The fact was, that the
ballots were all cast correctly for Samuel
A. Holbrook, and the municipal officers OF
two or three towns returned the name Ill
correctly. The Governor and louncll
were satisfied that under our constitution
they had no power to go behind the re-
turns TO correct even an evident error.
But to make the case beyond ques-
ton. they informally brought the matter
to the notice of Chief Justice Appleton and
other members of the Supreme Court, and
were at once informed that it was clear
that the Governor and Council had no
power except to make mathem a!ical
computation of the votes as returned by
the Selectmen. They were. therefore,
compelled to declare no election OF Sem
ator. When the Senate met that body at
once went behind the returns and de-
cared an election according to what ap-
neared TO be the facts