The Portland daily press., 1879-12-06

SO to construe the laws and the returns as to
give effect to the choice of the people as ex-
pressed by their ballots 1t would be an espe-.
cial hardship, if the city should be deprived OF
its lust representation at the approaching ses-
sion, when the laws are to be readlusted with
reference to the amendment of the constitu-
tion providing for biennial sessions, and the
property of the state is to be revalued for tax
alton. The best men of all parties would de-
plore any action which should deprive the
city, on technical grounds OF its proper repre-
sentation.
Mr.. Strout's argument was listened to with
great attention. When he concluded the
Council asked him to file a brief of the poi nts
for future reference, which he has done, SUBJ
stantially as above recited.
A Pungent Letter from Couns ellor Baker
ITO the Associated Press
AUGUSTA, Dec 5.-The following letter was
sent to the Governor and Council today by Or
vile d. Baker of the firm of Baker & Baker:
AUGUSTA, Me-. Dec. 5, 1879.
To the Honorable the Gogernor and CouSca Of
the State of Maine:
AS duly authorized counsel holding power of
attorney under seal from each of the Senators
and Representatives elect, whose names are
appended, we respectfully submit that, as your
honorable board is well advised, the law of this
State gives to Senators and Representatives
elect in explicit terms the right to correct the
returns from any lOWH Ill rtSpeCI W Iuo nuul-
Der of votes and the names OF the persons
voted for, and to cure any informality in said
returns by duly attested copy of he record of
such town. and that the same law requires ap-
plcation for such correction to be made with
in twenty days after the opening of said re-
turns, accompanied by specification of the
error to be corrected that your honorable board
passed an order on the 18th of November, 1879
declaring that the twenty days referred to in
the said statute should begin from that date,
k,,k Il af ofi
by the terms of the order aforesaid. We beg
also to remind your honorable board that you
have persistently denied every application by
us or our clients for permission to inspect said
returns, even in your presence, to discover il
any such corrections were needful, and now on
the eve of the last day allowed us by the order
above referred to for making such corrections
before your honorable board shuts out our
clients finally from their plain and undeniabe
rights under the existing laws of this State, land
nnllifies statute which your honorable board
has sworn to execute and obey, we most re-
spectfully urge that if you still deny us all ac-
cess to the returns you will at least inform us
whether there are any errors, defects or infor-
malities in any return of votes cast for any
Senator or Representative elect herein named,
and. if any, that you will in each instance
specify in what particular and in which return
they occur.
that on the 22d day of November last you made
public an order that the Governor and Coun-
Gil would be in session from Dec. 1st to Dec.
18th for the examination of returns and for
hearings ON the same. Six days of the twelve
thus given will have passed away with to-
morrow. No examination has yet been per-
mitted, no hearing vouchsafed to one of our
clients. Shall we be told that your honorable
board has been open for hearing? Hearing
upon what, we beg to ask? Upon returns
which we are not suffered to see? Upon errors
invisible to us? Upon defects known only to
our opponents? Upon testimony and secret
papers whose import reached us only by rumor?
Setting aside for moment the statute OF 1877
we are informed that your honorable board as
sumes the right to decide what is or is not a
valid return under the constitution. Will
your honorable board kindly indicate to us in
what way we are to be heard on the validity
under the constitution of a return which is
sealed to us though open to you? Debarred by
your honorable board from all access to the
evidence on which the case of our clients is to
be decided, we respectfully urge that you will
inform us what defects of any kind, under the
constitution, exist or are claimed in any return
of votes cast for any Senator or Representa-
tive-elect herein named, and ii any that your
honorable board will in each instance specify
in what particular and which return such de-
feet occurs.
We should lack in our duty to our clients if
we failed to call the attention of your honor
able board to another fact Widely circulated
statements purporting to come even from his
EXcelency, the Governor OF the State, have
roaCloQ our Cll6nlS UlldG CSTldlu OcfldbOTS VI
Representatives, or both, were to be deprived
of the certificates to which the vote OF the
people and legal return thereof entities them,
by secret and ex parte affidavits given at times
and places, and by persons to us unknown,
charging the candidate with bribery in his
election and thus rendering him ineligible to
office under the Revised Statutes, chap. A. sec
81. Section 80 of the same chapter, as amend
ed by chapter of the public laws OF 1878,
provides that no person ineligible shall be de-
ala TOD hrf ntrrdn &c fnl
provided however that nothing contained
in this section shall be construed to give the
Governor and Council any authority to de-
termine questions of eligibility in cases of
Senators and Representatives to the Legsla-
ture" The reported utterances OF his Excel
lency stand uncontradicted in the public prints
In the teeth of this statute we cannot assume.
them to be true; we dare not assume them to
false. Whether true or false is known to your
honorable board alone Ii no such secret
evidence has been received or considered your
honorable board will gladly unite with us in
refuting the slanderous tongue that asserted
it, but if such evidence is to be used against
our clients and against the law their character
is at stake as well as their political rights and
we know your honorable board will never
assasSinate both without confronting them
with the witness.
We therefore most respectfully pray your
honorable board to advise us ii any statements
sworn or unsworn have been received or will
any Senator or Representative-elect herein
named, and if SO that your honorable board
will not deny us a specification OF the nature
OF the charge with the names OF the party
threatened and the party accusing to the end
that we may be heard before your honorable
board at some appointed time most convenient
to yourselves, first on the right of your honor
able board to violate the statutes of this State
second on the baseessness and utter falsity of
the matter charged.
We crave the indulgence of your honorable
board moment further A published inter-
view with member of your honorable board
imputeS to him the uncOntradicted statement
that in determining whether to count or reject
a return under the constitution your honorable
board have received and will consider secret
papers unknown to the constitution forming
no part of a return, seemingly unverified even
by oath, sent by unknown persons said to con-
tain protests against correcting certain returns
because of alleged informalities which the re-
turn itself either contradicts or fails to show.
1t is permitted us to hope that your honorable
board which has persistenty denied our clients
the right to correct return according to the
fact by the official record in the manner COM
manded by the statutes of the state is not pre-
pared to substitute for the official returns pro-
vided by the constitution an unknown and in
visible paper, which has no warrant In law and
no foundation in fact. We therefore respect
fully request that your honorable board will
state to us whether any such protests have
been received or will be considered in the case
of any senator or representative elect herein
named. and if 80, that your honorable board
will specify in whose case and furnish the
names of the parties so protesting and the
grounds of their several protests, and give us
a hearing, at a time to be appointed by your
selves, on the constitutional right of your
board to substitute for the official return an
irresponsible paper. We are sure we need not
impress upon your honorable board the urgen-
cy of this request or the need of an immediate
reply.
In closing we must, in behalf Of the senators
and representatives elect, whom we have the
honor to represent, beg your honorable board
to base no action or certificate of election tn
any alleged defects statutory or constitutional
in the returns affecting our clients, or ON any
affidavits papers or protests outside of said re-
turns without giving us notice and a hearing,
and we hold ourselves in readiness to be heard
at any time at the suggestion of your honora-
BILE board.
Very respectfully,
(Signedl ORyILLE d. BAKER,
of Baker e Baker
MAINE.
The Evans Rifle Company.