Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1879-12-27
Consistency.-WashingtonCo County

NE w tnOst III authority.
Washington County.
As attorney for the republican Senator's
elect from Washington County, Messrs. Har-
ris and Bradford, made from the returns
for my use at the hearing, tabulation Of the
whole county. Counting all the returns
Harris majority was 25s, Bradford's 234.
an officially informed that CherryAeld and
vanceboro were rejected, thereby giving the
certificate belonging to Alden Bradford, to
James X. Talbot, democrat.
Cherryfeld gave the republican candidates
$40 majority. At the hearing l discovered
that affidavits had been fled secretly and
without notice to us, alleging that Samuel
Ray, q selectman, was an alien when elected
at the March meeting. and copy of the nat
uralization papers Of one Samuel Ray, dated
August 1879, was filed with the afidavi:s
This claim was brought to the attention Of
the Governor and Council by protest, uncon-
nected with any return, signed by Lincoln
H. Leighton, a citizen Of another town, de-
feated fusion candidate for Representative
(since elected, however by the Governor and
CounciD, paper filed secretly and without
notice to any interested party. No evidence
was offered to show that it was the same
Samuel Ray. No evidence was offered to
show when Ray was elected 1t was incum.
bent on the objecting party to prove that RAY
was elected before the date of natur alization.
vn h. =.
by three selectmen, attested BY the clerk and
conformcd to the Law in every respect
In volume Ga, Me. Reports .. $50,
appears case where the return
from Frenchville was signed by q town
clerk, who confessed that he was never nat
uralized and could not read or write EnQiish.
In law his signature was 4 nullity. But the
Court held that the return must be counted.
for the fact of decentralization did not ap-
pear in the return and 1t required outside ev-
idence to establish it. This opinion was given
by six judges, judges Dickinson and Tspley
giving different opinions. This Judicial
construction of the Constitution is the law of
the land, entitled to the same respect az the
Constitution itself No candid LAWYER will
dispute the truth Of this proposition.
In defiance of law the Governor and Coun-
ell received the evidence. In 81 Me. 500. il
Is held that If one selectman neglects to quail
ify thereis no legal board of selectmen Ac-
cordingly usurping the power Of the Senate,
they declared Cherryfeld to be be without
legal board of selectmen and rejected he
return. This elected James r. Talbot. Sem
ator, and threw out republican Representa-
tive-elect
The following day, by permission, filed
an affdavit from the only magistrate in Cut
Ter, Proring, not alleging, that one of the
seiectmen OF Cutler was nerer qualified,
bringing Cutler directly into the above cited
case (5l Me. 599) and making it a parallel
case with Cherryfeld ChervyfeM was re-
Jeefed and Cutler counted. Had both been
rejected, Talbot would have been defeated.
The return from Vanceboro' was signed by
clerk pro tenn. Its legality under the Con-
stltution was matter Of doubt, and .'without
fear or favor" (see Gov. Garcelon's Apology
the doubt was construed against the people,
and in flavor" of the democratic party.
In Governor Garcel0n's special plea, first
puniished Ia the New York Sun, occurs this
rule relative to returns:
I'd They must be genuine returns COM
ing from bona .fde towns or plantations Ia.
gally constituted and organized"
Among the returns was one purnortinu IN
come from P1. No. Is. There is no such
plantation. As illegally organized" its trne
name is ri. No. Is, East Division. The re.
turn was counted. Why? Because il gave
solid democratic vote. Does bona fde
plantation" mean democratic plantationy
lie gives another rule:
18th. They must contain q statement Of
the rhofe Number Of ballots cast for the Off.
GERS voted for. and the Office for which he wa.
voted to ILL., 90
ny this rule republican representative in
Pennington was counted out without notice
and without hearing. The Senatorial re-
turns from the democratic towns OF Addison
ana Marion in Washington county, were ss
fatally defective" as that OF Farm;nyton
The Governor says, SIT has been our pusnose
70 apply to every return the same rule
Without fear or favor" Pennington is rs-
Jected, and Addison and Marion counted
Had they been rejected James r. TaiIof
scoEid hare bsss defeated.
Another:
18th. The name Of each person voted for,