Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1878-01-15
Parker p, Burleigh has
2.l9s


And Parker p. Burleigh, having received q
plurality Of the votes cast, as shown by the legal
returns, is elected and entitled to . seat
Mr.. WOODWARD, as a member of the Commit
tee dissented from the report upon the Sixteenth
District.
Mr. MARTIN claimed the privilege of dividing
the report, and divided the first por ton inclu-
ding that upon all but the Sixteenth District was
accepted.
Mr. MARTIN said that contestants should be al
lowed certain rights, aud he trusted that the
AIoostook case would be rccommitted to this OF
special committee, SO that the contestants might
have f.lr and full hearing. lie moved that it be
recommitted, but afterwards amended it SO that
Tue matter should be referred to special commit
tee TO fully investigate it.
Mr.. HAYNES believed that the Aroostook case
should not be left as it is, but that this district
should be represented. The returns show that
some one has been elected, and that one is Mr.
Burieigh. ..a.s..---.saa...a
Mr. MARTIN said the report of the Governor
and Council did not agree with that of the com
mttee. The committee did not claim they had
power to investigate fully, but If they had, could
easily have decided on receiving testimony. He
desired fair hearing for Mr.. Madigan.
Mr.. HAYNES desired fairness. The case Of Mr..
Burieigh was the same as that of the other Sena-
tors, with the exception that summons had not
been authorized, but this was not necessary The
Secretary Of State gave no report of vacancy
lie had no doubt that Mr.. Burleigh should have
demanded that his name be called. The Commit
tee also agreed with the Governor and Council.
Cited cases in Congress showing where seats had
been given to members having prima face evil
deuce. lie had heard of fraud, OF neligibiIitv,
but there was no evidence Of it before the Sena-
torial board, They should come to one conclu-
sion, their duty clear.
Mr.. MARTIN desired that his motion, when
voted upon, should be by yeas and nays.
Mi. STEVENS said there was but one course.
The Senate has the power to see wis ia elected.
~ IN .hnuld ba iva I'll A. n.
successful one would be firmly seated They had
gone hall way in the matte sand should go entirely
through There were so few Senators present
that 1t was not fit time to consider the matter.
lie hoped MIR. Martins motion would prevail.
Mr.. DAVIS OF PenUhscot, said the case stood as
follow. there was the certificate ofthe Governor, to
Mr.. Burleigh, and the committee finds that
he has Prlnd Tdcie case. Both
should have a fair chance. If Mr.. Burleiph
has the ri"d fdcie evidence, he is entitled to the
seat till II better man comes. The presumption is
now in his favor. lie hoped the report of the com
mittee would be accepted
Mr.. PHILLIPS said there was no contest here, no
case. No party has appeared there has been no pro-
test There has been no one from Aroostook de-
handing a seat. This same course of action with
equal propriety, could be taken in the case OF
other Senators. The proper course is to ACCEPT
the report OF the committee, and then papers
can be shown, and there will be a case on trial
Mr.. HAYNES explained his position, and urged
u
raise the merits Of the case.
Mr.. STEVENS said he wished this committee to
be clothed so as TO decide on the merits of the
case.
The vote on Mr.. Martin motion was as follows
YEA-Messrs. Bartlett Bosrdmar, Ferguson,
Martin, Moody, Nash, Prince, Rogers, Stevens,
Sumner, Totman. Woodward-l2.
NAY-Messrs. Bragdon, Davis (Penobscot }
Drake, Grindle. Haynes, Irish, Morrison Moul-
ton Nealley, Philtps,-l0.
The motion was adopted.
Mr.. HAYNES then introduced a resolution,
which was as follows
Whereas by the provisions of Section 81, of
chapter of the revised statutes of the State of
Maine, the Secretary Of State is required to fur
nsh TO the Secretary Of the Senate certified 70 II
undcr seal of the State of the names of all persons
who appear to be elected Senators in the several
Senatorial Districts according to the report of the
Governor and Council, and also to report any va
cances that may exist.
And, whereas i'll the certified roll of names of
the members elect OF the present Senate the Sec
Rotary of State docs not report that any vacancy
exists in the Sixteenth Senatorial District but
does certify under seal Of the State that accord
ing to the report of the Governor and Council,
Parker p. Burleigh of Linneus, appears to have
received majority OF all the votes cast for Sena-
tors in said district al the last September election
And, whereas the committee to which was re
ferred the Senatorial votes for examination and
Llnneus appears to have received . majority Of
all the cast the sixteenth Sc Material dis
trict at the last September election. Therefore,
Resolved. That Parker P. Burleigh is primo
fdcie entitled to seat al this board and that he
be sworn in till the Senate shall otherwise deter
mine.
Mr. HAYNES desired the vote on this resolu-
ISOLATION to be by yeas and nays.
Mr.. MARTIN moved TO adjourn, but the motion
was not carried.
Mr.. MOODY moved that the matter be laid on
the table, and the motion was lost.
Mr.. MARTIN moved to strike out in the resolu-
ton of Mr.. Hay nes the name of Mr.. Burleigh
and place instead that Of Mr. Madigan.
Mr.. HAYNES objected to the amendment but
the President decided it to be in order.
The motion to amend was lost.
Mr.. STEVENS said it looked like pushing things
10 an improper extent He disliked undue haste.
Mr.. DAVIS of Penobscot, said that it was an
invarlable rule to seat man, when he came with
Pr1Hld facie evidence. r
Mr.. MARTIN considered that Madigan had
prlnaa facie evidence,
The following was the vote on Mr.. Haynes
resolution:
YEA-Messrs. Boardman, Bragdon, Davis (Pe-
nobscot), Drake, Ferguson, Grindle. HAYNES
Irish, Morrison, Moulton. Nealley. Phillips, Tot
man,-l3 -t
NAr-Msssrs. Bartlett Martin, Moody, Nash,
Prince, Rogers, Stevens, Sumner, Woodward,-9.
The resolution admitting Mr.. Burleigh to seat
was adopted. tss
PETITIONS, BILLS, &C., PRESENTED AND RE-
FERRED.
BY Mr. STEvENs-Bill an act to amend chap.
50 of the revised statues, relating to evidence
referred to the Judiciary Committee.
BY Mr. HAYNFs-Bi an act to incorporate the
Springvale Aqueduct Company; referred to the
Judiciary Committee.