The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1879-12-20
SATURDAY MORNING, DECEMBER 20.
The Stealing of Maine.
What an independent Newspaper Has to
Say OF the Result.



Gov. Garcelon and Council OF Maine have
consummated the plot with which they have
been charged They have counted out Re-
publican majority in both branches of the Leg
islature and counted in Democratic or fusion
majority. They have accomplished in. the
Council Chamber d revolution which they
could not effect at tho polls and which is not
only contrary to the will of the people, but
subversiye of all government. Proceeding on
the wretched example set by the Republicans
in 1876 in Louisiana, they have thoroughly de-
bauched the government of a State whose
whole community is at peace with itself and
where no mans rights and privileges are in
fringed. 1t is an outrage on a community in
the highest degree capable of self-government
and thoroughly accustomed to the successful
practice of it.
That political crime has been committed is
unquestionable from these facts: The election
in Maine in September failed Of giving Davis,
Republican, the constitutional majority only
by few hundred votes less than 500, so large
was his plurality. he had, in other words
nearly as many rs the other two candidates put
together. It is probable, therefore, that the
Republicans had n fair majority of both houses
of the Legislature, as on local candidates the
main issue is less followed. In this State, for
instance, The Butler members of the Legisa-
ture constitute no such proportion as the But
Ter popular vote bears to the Republican popu-
lar vote. and i'll fact it was reported to the
press and to the Secretary Of State in Maine
that the Republicans had a majority in each
house of the Legislature on the face of the re-
turns, and that fact has never been disputed.
1t was instrinscally probable from the guber-
material vote that tho Republicans would have
a majority in each house, and they did so have
majority that is the first fact.
Second, we believe the state of the law and
the usage in Maine to be this, that the Govern
or and Council are to summon to the Legisla-
ture the persons who "appear to be elected"
as the constitution says; they have no authori-
ty to ego behind the returns and inquire into
circumstances affecting the validity of cleo
lions, but they have power by law to correct
errors of technicality. Section of chapter 49,
revised statutes, authorizes the Governor and
Council to open and compare the returns for
votes of county commissioners with the records
in the towns and q law OF 1877 says that these
provisions, so far as they relate to the correc-
ton ofreturns and to ascertaining for whom
votes were Intentionally cast, shall be applied
in determining the election of representatives
to Congress, senators and representatives to the
state Legislature and electors of president and
vice-president of the United States. In all
cases when a return is defective by reason of
any informality duly attested copy of the re-
cord may be substituted therefor" This law
remedies of course a good many technical err
orS. For instance, in a certain town the bal
lots were for Francis w. Hill, and the vote
was so recorded, but the returns sent to Au-
gusta spoke of the candidate as f. w. Hill,
thus depriving Francis Of the vote of his party
in that town. Such errors as this the law Of
1878 enables the Governor and Council to cor
rect: This is the law which Gov. Garcelon
thinks is unconstitutional, so he declines to re-
pair any of these errors of technicality. 1t is
most monstrous that he should violate law
precedent and usage, on the strength of con-
stitutional scruple. in order to suffer great
wrong to be done.
But supposng that he were right in this at
titude, it is a very suspicious circumstance that
these defective returns, which he denies him
self the power to remedy, should preponderate
to such an extent among the Republicans
elected and not among the fusionists. The law
of chances is invariable and exposes both par
ties to nearly equal losses, proportional to their
number. But by some hoous-pocus, all, or
nearly all, the returns electing fusionists have
proven correct Tor have been corrected), while
the defective returns electing Republicans
have stubbornly remained defective still. This
is fact inconsistent with any theory that the
Governor and Council are merely reluctantly
obeying some memorable law which they can
not get away from.
The whole affair bodies the rapid progress we
are making in Mexicanization. There is some
wild talk about the Republicans resisting.
They ought not to, otherwise than by the last
tests of the courts. If there were some things
involved in final way-life, liberty, civil
rights,-resitance would be iustifable. But
the highest thing involved is the peaceful ac-
cession of the chosen government of the state
to power at a moment of general political
stagnation. 1t is question which only needs
to go to the polls before the honest people Of
Maine to be set right by decision which will
not be questioned. The thing to do is to await
that decision. No possible gain can come to
the Democracy from this election in the Presi-
Dental contest. In fact, it almost dooms De-
mocracy to defeat in 1880, under whatever
auspices it may enter the field.