New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-12-03
THE FRAUD PLOT IN MAINE.

THE REPUBLICANS
AUGUSTA Me-. Dec. 2.-As the Governor
and Council met this morning, the Senators and
Representatives from the various counties, accom-
panied by their attorneys, repaired to the State
House in full expectation that they would be a.
| lowed to examine the returns in their
several cases. One after another, however,
| failed even to get into the Council Cham
| her. Finally, about noon. Messrs. Wing and
| Savage attorneys at law of Auburn representing
| the Androscoggin delegation were informed that
the Governor and Council had decided TO allow the
returns of election Of county officers to be
examined, but that one would be per-
mitted to examine the returns for Sena-
| tors and Representatives. A meeting OF Senators
and Representatives-elect was held soon afterward.
and the following protest was adopted and for
| warded to the Governor and Council:
AUGUSTA. Me-, Dec. ., 1870.
To The Honorable The Governor and Councacf the State Of
Maine:
The undersigned Senators and
chosen to the Legislature by the election OF September
1879 beg leave to submit to your Honorable Board
During the menh OF October first half OF Novem.
Would meet ON the I7 day Of the latter month
purpose of opening tue election returns and accordpgy
was considerable assemblage of persons in
| this city Immediately interested In the result
that the twenty days within which applications shodd
filed for correction OF should begin to run on
yoar n Board Would Forthwith permit parties
interested TO inspect the returns according TO the uni
OF this state. then in the city; namely, Ans9n
nnnDs Sidney "' Lot nelson bSsey
jr and srlden Common testified fully and publicly
s a% single naanee IN Witch s"s' Candidate for
Office or his authorized attorney had been refused
10 these has since been added the concurrent test-
mony Of cxGovernors James H. Wiam-, Ab ne, Co
broken testimony OF all the living exGoyernors uce
But a sra az asoas the %
OF Your MnSrs6s Board aT
the wsn aays Tor the 'O returns
has met with evaslve delay or Nat refusal a,'s,
had supreme Judicial Court. by petition, on the
18th day Of NSvember to issue mandam Tsh 10
eSeJ" saGs0' Appleton Ordered
However U on Saturday the 3d. after notice had
ordered by the Chief Justice. passed the following
@ v. p"ss front nSsfs sSn
70 for the purpGsse Of ex"%nng the Sc0l
tatives and county oncerr Candidates claiming irres-
ularties other causes presumed 70 vitate Their cleo
ton will have reasonable opportunity TO be heard either
| personally or by duly authorized counsel"
As this order understood to concede even though
Speeding and correcting returns all the parties in
agreed TO suspend legal proceedings and await
without litigation and without irritation II posi-
be Following the suggestions OF yow order the under.
the promise which the order con- lined would be car
Would n& Be p 10 the M
and ascertain there are any errors thai could be
orable board had individually gwen assurance that
there would be no difficulty IN seeing LIE Inc re-
aIS that sn nsy who
fed copy OF the election record Of his township. would
with it for the purpose Of making the cor
rections hitherto always allowed: In anticipation
OF this condition the undersigned, in connection with
their associates In other counties, at no small expense,
with much trouble. have taken paus to secure GER
towns in State and thus they fully prepared to
comply with this cxaction, unprecedented burdensome
a AFTER eARnn''s Of these c"uditions have been
have cndeavored to adjust themselves 10 every
able-ald. permit us TO add, ACKNOWLEDGEMENTS
definitely told that you have decided to permit the re-
turns Of county officers to be examined but that you
any town Of the election OF any Senator or any Repre-
sentative.
Auburn attorneys specially for tie senators and Repre-
senatves-elect from Androscoggn CounIy and repre-
can Cams Senators and Represeniatives-elect, re-
following definite answer delivered by His Ercellency
Governor Garcelon IN full Council. VIZ: That no one
the returns OF the election Of Senators and
tives His ExceIlency was pleased to base the refusal
statute OF 1877 far relates TO Senators and Rep
resentativcs but under that statute
county officers would be freely shown the candidates.
but that return for Senators aud Representatives
could be shown TO anyone.
| Your Honorable Board will permit the undersigned to
that T seT fSt r 70 ey
are demanding Is one uniformly .oyea ny Iner pre-
now for the first time denied.
The undersigned, therefore. cannot see how right
hitherto withheld. could be affected by the constitutions
atty Of the statute referred They especially
Of the Government can set aside the plain dIrectofy
Language of statute The law IN question says disrcty
M IN m
the corrections Of returns shall be applied in deermin
Ing election OF Senators and Represen natives to the
declares mat This law is nnconstrutiCna. con;
ciuslon which you certainly HAD not reached
when on November ~, you issued me notice lI
tanned IN the same a section fror which the
above quotanon is made. Your honorable body
YOU enjoy the distinction OF being the r ,st
IL mas been the practice Of wise and prudent
to 1Sb the If 81 the ana SpoS
solemn occasions provided In the Constitution when
Sssd without hs
Judicial Court, which the Constitution or Maine espec
@ on the
board can DO this in our case you can readily 90 In
laws IS thus made to depend upon the opinion
which your honorable boan may nave as n 70 ,ne con
| right which you have exercised In this case or
days sq be the Seuse on which
able Board proposes to execute the laws OF the STATE II
would he nerciful act TO notify the people to wnch
laws your Board regard binding and which
is imperative aud especially TO WHICH statutes are
safe from change Of construction beyond the period OF
fourteen days.
We respectfully submit that as individuals. we have
the same right determine the c0nstituti0nalty or
| constitutiouaiiy OF a law for ourselves that
| All laws duly enacted are binding until repealed
| or set aside by Judicial decsion' ana your
| Honorable Board Ia guilty, you Will permit us
TO say, Of glaring usurpaon OF power whenever you
| decide 10 disobey or nnnul or refuse TO eS:
| ecuto any law on the statute book. Instead