The New York herald., 1879-12-27

will rebel against every of the hve
decisions As yet they in no wise COM
mitted by the action OF the Governor. aud
venture nothing in saying they never will be- Ne
publicans will make a fight. only knowing them
selves be right knowing that the other party
know the same thing"
REPORT FROM THE ELECTIONS COMMITTEE.
For some days Meesrs. Brown and Fogg. of the
Council. have been engaged in preparing
q report of the doings of the Committee on Elec-
tions in throwing out certain towns and certain
who seemed to have been elected by
the returns This report il intended to be justif
cation to the country of the action Of the Council in
the premises. The report says:-
Your committee, in submitting this report deem
nected with the returns from many OF the towns.
cities and plantations, which have materially af-
fected the result of the canvassing of the votes
turned. There are many returns which, owing to
fatal defects. cannot be counted. but shall
specify only those which have affected the result.
Article A. part l. section Of the constitution regu
ates the electing Senators and Represent
atives to the Legislature and also the process of
evidence by which they to determine who have
been elected. This section provides that in the
case Of towns and plantations municipal officers
shall, in open town and plantation meet
ing, at the close of election day, sort, count
and declare the votes cast and form list Of all the
thus voted for shall writo the number of votes re-
ceived by him. This list shall be recorded in open
meeting by the clerk ana copy or this recorded list
shallbe signed by the seectmen and attested by the
clerk and sealed up in open meeting This copy Of
the recorded list thus attested is to be deposited in
the Office of the Secretary of State within thirty days
thereafter section of the Revised Statutes requires
that addition the foregoing specific and manda.
tory sna state the %hos nnmSes
ballots cast ut the election. The sec
ton Of the constitution requires that the Governor
and Council shall open and compare the returns
thus transmitted, and from them determine who
appears to be elected and the Governor is to issue
ooIc~
to take seats in the Legislature. or course
the first requirement is that the returns shall be
meetings. We understand this is required in order
that the electors be present and that the
turns are made in accordance with the facts and
are of the opinion that the returns not made up in
open meeting not legal returns and cannot be
counted and we have acted upon this BELIEF in max
vice that We can obtain. Several protests. accom-
panied with afidavits to support them, against
ne haya Sesn onsdsred bv These
tests allege that said returns should not
be counted because they were not made up in open
closed in some private Office or store. whom no one
but portion Of the municipal officers present.
things in several cases has been proved to our
entire satisfaction, and we have rejected the
s Sus Ss our Of
affidavit signed by two selectmen establishes the
fact that they signed the returns in blank and that
the town clerk took them home and filled them up,
and that the selectmen have no knowledge Of what
the returns contain. For the foregoing reasons we
have rejected in tabulations Representative
turns from the towns Of Jay. Stoneham, Lisbon.
Webster and Pennington. Returns from the town of
have also been rejected because they were
not sealed up in open town meeting. By means of
these reflections five persons will receive seats in the
Legislature who would not have been thus seated
mp tho constitution requires. They James O.
White, of the Jay district; Louis Voter. of the
dstro9 Joshua Jonrdan OF the sesrsDor sl
trict. and Leonard H. Beale of the Durham district.
wHoI.EsALE COUNTING OUT"
The Supreme Court have held that municipal OH.
shall sign the returns with their own hands
make their marks, otherwise the returns cannot be
counted. We have found several returns fatally de.
fective in this particular and have accordingly re-
jected them tvol. GA. page bSa9 By this rule laid
9 .ne acs @ has so
tion of one Representative. Wefound several returns
fatally defective because they were not attested by
5S held that such returns not legal and have
rejected them. They are quite numerous. but we
shall specify only such as affect the result Of the
election The Representative return from the town
of Lebanon Is Of them Its rejection affects the
election Of one ntative-viz.. Stephen D.
Lord vanceboro and Albany like cases.
and tho rejection of returns from these towns
affects the election Of two Representatives. Repre-
sentative districts in most composed Of
several towns. In some of the towns the full Chris
tian names of the candidates seem to have been
used and in others only initials and hestated ~
to whether we could count the initial names with
the full names. On an examination OF the law We
find that the Supreme Court lvolume Ga. page 596)
has held that the Governor and Council must count
them distinct and separate persons. BY adopting
this rule laid down by the Court the election OF ave
W. Hi, Of Exeter; Aaron H. woodcock.
Of the Danforth district; James w. Clark,
Of New Castle; John r. grswn OF the aodedon a,s-
The revised statutes require that In of planta
tions, in addition to the forms required by towns.
list Of the voters OF the plantations be sent to
the Secretary of State otherwise that the returns
from such plantations shall not be counted.
We found the returns from several of the planta-
tiona n this particular have
fed them on our tabuations. 1t will there appear
that the rejection of those returns affect the election
PECULIAR HAIRspLrTTrNa.
The statute requirement of setting forth In the
not complied with. We have found that it has
been the practice OF the Governor and Council for
many years to reject such returns and We have not
Interpretation OF the law 80 fully recognized by
our predecessors and IN making our tab
It will be perceived that these rejections
affect the election Of several Representative In tho
seems to have been voted for in some Of the towns
Of Lis county BY the name Of John T. Wallace, Jr..
and in others by the name of John T. Wallace. but
have tabulated the votes thrown for two differ
ent men, o have no legal knowledge that the
person is meant Two sets OF returns were sent
each OF which contradicts the other, and it i'm
possible, from the conflicting character Of the re-
town. We have therefore rejected the returns from
that town In our tabulations. This rejection affects
the election OF our representative. Accompanying
and attached the representative return from the
town of Skowhegan there statement signed by
the Selectman, that certain number Of ballots
were protested being illegal under section
20, chapter 4. of the Revised Statutes.
One OF the ballots objected to attached to the
return. The Selectmen. in their certificate, allege
how many such ballots were thrown, and in this
tifcate they inform the Governor and Council that
they make the return subject to the legality or ie
gality of that kind of ballot. The ballot in the
form of ordinary shoot of paper. folded to mako
two leaves; on one OF the pages half
Of the candidates names are printed, and on the
next page the balance Of the of the candidates
appear We fully satisfied that that kind of bal
lot clearly in violation OF the letter and spirit Of
the foregoing named statute, and We have accord
ingly rejected tho number OF such ballots In
making tabulations.
THROWING OUT THE VOTES OF CITIES.
proteh was filed against counting the returns
from the town of Cherryheld the ground that tho
officers who attested the returns were not legal
officers Aidavits presented with the protest estab-
lish the fact that not legal Selectman presided
ct tho making out Of the returns and the receiving
OF the votes. One of the Selectmen u foreigner,
apdc MT laua boId fba nffic Of Sa