Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1878-01-30

in Hancock county, the right TO build aud insin-
tain bridge across said pond. Read and q
signed
Mr.. CRANDoS, from the Committee on Interior
Waters, reported ought to pass on bill an act 10
amend chap. 1868 of The special laws of 1871, re-
latng to preventing the throwing of refuse lum-
Der into the Piscstsquis river. Read and as
signed.
The msjority and minority reports Of the Com
mittee on Elections in the case tf y. b. Turner
vs. Sullivan Lothrop, came up by special assign
ment. aud on motion OF Nj. PIERCE Of Portland
the reports were RIA IN detsi.
Mr.. PIERCE then moved to amend the msiouiy
report winch declares no election, Nv substituting
therefor the report Of the minorts. giving the
contestant Turner leave TO withdraw.
While the reading of the minority report was
progressing, Mr.. MoULToN of >c-rooro' moved to
make the deposition OF Clifford, referred to in
the tepurf, part thereof.
Messrs. CURRAN Bliss and others opposed the
motion, declaring thar II was only an afi lsy and
without tue forms Of law and that it was not be-
fore the CONS tee sHd that the rights OF parties
should not be sdiudicated upon such evidence.
Mr.. PARLIN ul Arson explained that toe delay
in the reception OF the affidavit, IN Conso-
quence Of It's having been forwarded 10 him il his
absence.
The House refu.ed TO make the paper part Of
the minority report
MIR. PIERCE Of Portland then took the floor,
and proceed 10 argue in favor oflhe mi oiitv re.
pOlt. AlLtl AI4nluk thC ltrllMnuN GU some OF
the IsinOt points III the report, he SAID the point
upon which he was wint to rest his case was
the reception of votes after the closing If tae
polls 10 It. Adams. Ascending 10 law the poll,
III that Town should have been Used at } o'clock
7. NJ From the evidence 1t was proved that they
were closed at about that time; that after the
votes had been counted and declared, and The peo-
pie had gone home, tle votes of two men, Wood
and Foss, had been received for Turner, aud
counted. lie read from dispositions = prove that
these two votes must have been received not far
from quarter to six. Would any member OF
the House like to see such STATE OF ihlnss IN his
own town. Ii was new election. Nothing else
could be made Of 1t. The seectmen had no n. ht
TO receive those ile couteuded th at for the
purity OF the ballo, box, tac minority vote should
be sustained.
Mr.. LANCASTER Of Wiscasset followed in favor
OF the minority report. He made statement of
the case and rehCarsed testimony that appeart be-
fore the committee. He said It was clearly demon
strsted that two votes were received for Iurntr
at a quarter of six. If that could De done legal
ly then votes might be lived at any time De-
lore midnight. lie tct.iItd TO several doubttal
votes thrown for Lothlop, and gave the testimony
relating thereto. 1t would be suauge il Nj.
Lothrop did not receive the benefit Of one of
those. 1t would be strange if all the votes thrown
for the contestant and claimed To De illegal should
be counted for him, and all those claimed to he
Illegal, that were thrown for the seated member,
should be rejected. But this would nave to be
done to sustsIn the majority report. lie believed
the sitting member was fairly elected and his title
to seat IN the House a. good any other MEM
Der.
Mr.. CURRAS OF Calais, replied to the last two
speakers and sustained the majority report. He
referred TO the two votes for the cont slant, which
the sitting member claims to throw out because of
accidental elimination Of the office of repre-.
sentative, and argued that where il WAS possible
10 ascertain the will of voter it nad been the
rule to give cNpte>siOB TO II.
1t was this rule that had governed the ma joitv
in counting the two votes for Turner, here being
doubt rs TO the intention of the two men. lie
uext discussed the evidence relating to other dis
puted votes, and the legal residence of those
casting them, and finally came down to the point
ofreceNlng votes alter the closing of the polls. 1t
had been said that at o'clock the polls close by
the mere process OF law; that nothing more is to
be done. If that was the case, what watch out OF
ten or twenty iert nj ones va, to indicate when a
mans vote Is legal OF illegal lie claimed that
the matter within the discretion oil the Sc
lectmen within all reasonable bounds, III the alb
sence Of fraud. In either event, some reliance
must be placed in the honesty of the men We elect
to Office. Ii the gentleman pierce was right ia
his statement Of the law, and the polls do close by
process of law at D clock witch he did not be
ileye, 1t was still question: upon the testimony,
whether the woes were not received in season.
The testimony fixed no time positively when the
two men voted OF when ia polls were clio. ed. All
The selertmen received he votes and they were
counted for y b. Tuner. NJ + ght exists 10 over
throw mat action upon guess work or Judgment
as to tue tune If day 1t Is MT dspatcd that
they were legal voters IN the town. Inere was
tender oi then votes at the time they began to
count the votes 81 4 - or ! &C ock. Tney were
refused and went away. They returned with
counsel and were allowed to vote. Whatever de-
lay there was they are net accountable for, bat
the select nen VINO did not allow them to vote as
I hav had IA t.,t Ia a, hal, -.
House would allow guess NO K as to time to dis
franchise these men.
Mr. PAKLIN Of Arson, argued in favor of the
minority report Toe sitting member comes here
by invitation of the Governor and Council. He
comes with prna acie case.
lie is entitled to hold his seat until the other
side, taking the affirmative, satisfies the house by
a pr epoLderRnce OF the testimony that he Is not
entitled to it. lie next referred 10 the closing of
the polls, and read the law TO show that the polls
close at ) O'Clock. If they could be kept open
legally for "a of an hour after that, they might
be for indefinite length of time. The two woes
could no more be counted Than If they had been
cast at midnight. lie dill not waat adopted IN
this state the reputable practice in the South
for the last two years If receiving votes until
midnight or a week alter election.
Mr.. BROWNE Of Bowdonham, reviewed the
the points IN the ca.e briefly. He contended
that from all the evidence the result was no cleo
ton.
Mr.. BLISS OF Washington replied to the gentle
man from Arson (Parlip). He claimed that The
burden of piosf was on tue SIT ing member.
Mr.. DICKEY, moved TO table the reports.
Mr.. PIERCE oppo-ed.
Mr. NowLAND Of Ashland oppos ID the motion
Mr.. DICKEY bv consent Withdrew bis motion
and obtained the floor in favor of the minority re-
port, but gave way on request of Mr.. BLISS who
moved an adjournment, which was lost by vote
of 81 to 70.
Mr.. Robe of Gorham moved the proviou.
question and the House seconded the call.
Mr. DICKEY took the floor and spoke briefly in
favor Of the mi noliy report.
The main question was then ordered 10 be put
Mr. BLISS called for the yeas and bay. Lost.
TIE main question wa. hen put aad the Minor
iy report substituted for thai OF the majority
by vote Of II to 50. SO that Mr.. Lothlop nc.
taln- his seat.
The report as amended was then accepted.
On motion OF Mr.. Bliss, the reports Of the
Committee on Towns IN the matter of the incor-
poratIon OF Hurricane Island vas taken from the
table, aud Wednesdsy al 10 % \. NJ. asst gncd for
their further consideration.
Adjourned.
READ AND ASSIGNED.
BIZ an act additional, relative TO the Portland
and Deerug railroad bill an act relative to dis
organized towns; bill act additional to chap
81 Of the private and special laws of 1877, en-
titled. IAN act TO repeal act to incorporate the
town Of Barnard"