The Portland daily press., 1879-12-29

S-Republican returns entirely correct were
counted out on various pretexts, in defiance of the
law. For example, the Republican representative
from Skowhegan was counted out and a fusionist
counted into his seat although the former had more
than two-thrds of the votes, on the plea that the
fact that the Republican ballots had the names of
candidates printed in double columns, constituted
the distinguishing mark" prohibited by the statute
Notwithstanding the selectmen, who are the judges
on this point decided otherwise and the same la q
drovides that" $40 cote shall be rejected this
count otter 1t has been receced into the bal0t-boT"
The Republican Representative from the Lisbon,
Webster and Durham district was counted out not
only by violation of law, but by false and scan
dalous decision of the Council which adjudged the
selectmen OF the first two towns to be forgers. NOW
the selectmen have appeared before the Council
and made oath that they individually signed the re-
turns. The Republican Representative from Cher
ryheld was rejected because of the three select
men was adjudged to be alien, in spite OF the
long line Of decisions that the signature of de
tdctO town officer is conclusive. Pennington was
deprived of the Republican Representative of her
choice because the number of ballots returned were
four more than the number of votes, when the fact
was that four persons cast the whole ballot but cut
out the names of candidates for Representatives
The Sullivan district was deprived of the Republic
can representative, the pretext that one of the
returns gave wrong initial, when the return is
correct and "P' was read as "B'' in plain disre-
gard of the fact. Republican Newburg and Corinth
are rejected because the name of the town was
written only on the envelope, but fusion Buckheld
and Brorntield We're counted in spite of the same
defects.
Now in the face of such facts as these,-facts
which show the deliberate reversal of the will of
the people by plain usurpation OF power.lt VIII
not answer for Governor Garceloh to set up the plea
Of strict obedience to law, and good intentions.
The cases of plain defiance of law, to which have
rsferred,-some Of which even Mr.. Gould one OF
the attorneys of the Governor and Council, admit
were illegally decided, and one of which (Ashand)
even the Governor himself declares to have been de
cided wrongfully-show the utter groundlessness OF
the Governors defence. What legal justification
can there be for the deliberate notification OF law
which provides for the lawful correction OF all err
rors on which the will of the people has been over
thrownl
AT every step the Governor has refused to take
the opinion of the Supreme Court which under our
system is the legal interpreter of laws Even now,
if the Governor believes he has acted legally, he can
show his good faith by asking the opinion OF the
whatever decision may be reached. If the Governor
continues to refuse, his best friends must confess
that he is conscious he has acted illegally.
The suggestion of Gov. Garcelon that the counted
out Republicans may appeal to tribunal which has
been constituted by deliberate theft, is too rdi-
culous to be put forth by sober men-especially in
view of the fact that the programme as already an
nounced by Mr.. Plsbury, is for his legislature to
first elect governor and State officers and then take
up contested seats and speud the winter investga-
ting before deciding them. When jurors who have
then Mr. Pllsbury's legislature, if it is entrenched
in power, will admit Republicans to the seats
snatched from them.
What shall be done in case the Governor refuses
to ask the opinion of the court it is not for me to
suggest. Certain it is that the usurpation will be
resisted at every step by every lawful and appros
overpowering public sentiment will aid materially
in the recovery of rights and at present the
duty of every citizen lies in this direction firmly
believe that the conspiracy is not to finally succeed
Every patriot sees, or ought to see that If this
usurpaton succeeds it will become precedent which
may be invoked hereafter by any party in power,
not only in Maine but in other States, to maintain
their supremacy in spite O. the popular vote. Such
precedent wonld be fatal stab at free institu-
tons for when elections cease to elect" when
in power may Illegally count out legal
votes to retain their positions, then we snail nave
entered upon the fatal road which leads either to
anarchy or despotism.
Whatever may happen, rest assured that the peo-
pie of this State the people of this country, have
not yet sunk to the Mexican level; and when they
come to fully understand what has been done, they
will unite in such voice of condemnation as will
bury beyond resurrection the men who have plan
ned this usurpation and the parties which approve
it.