The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1879-12-27
TIE MAINE COUNT.
tioyernar Garcclon Explains his and the Councils
Aetion-Ihey follow ihe Letter and spirit Of tho
Constitution and Law,

To rms PUBLic :-Telegrams and sngges.
tons having reached the undersigned to the
effect that Gov. Garcelon aud his Council owe
TO the Democracy of the United States In par.
| ticular, and the public generally, full, ex.
plicit explanation Of exactly what they have
| done and why they did it, herewith submit
! for general Information concise statement OF
| the constitutional requirements in relation to
| elections Of Senators and Representatives in
this State, aud the action Of the Governor aud
| Council in the discharge OF the duty imposed
/ upon them by that instrument and the statute
laws in accord Herewith;
| The statutes regulate the mode Of the calling
4 Of meetings, but the Constitution preseribes
the qualifications Of representatives, aud de-
| clares that the seleetmen Of towns or mum.
eipal officers Of cities shall preside impartially
at such meetings, receive the votes OF all the
/ qualified electors present, sort, count, aud
declare them in open town meetings and in
/ the presence Of the town clerk, who shall form
list OF the persons voted for, with the mum
Der Of votes for each person against his name,
and shall make fair record thereof in the
presence Of the selectmen and in open town
/ meeting; and fair copies of the list Of votes
shall be attesied BY the seleetmen and town
clerks Of towns and the assessors Of planta.
tons and sealed up in open town and panta.
| ton meetings, and the clerks Of the several
towns and plantations are to cause the same
to be delivered into the Office of the Secretary
OF State thirty days at least before the first
/ "Wednesday Of January annually; and the
/ Governor and Council shall examine the re.
/ turned copies of such lists and twenty days
before the first Wednesday of January shall
issue summons TO such persons as shall ap-
/ pear to be elected by plurality of all the
votes returned to attend and take their seats.
| So much for the Constitution. Supplement
tary TO this the statutes provide (chapter 4,
1 section S2) that in order to determine the re-
suit of any election by ballot, the number of
persons voted for shall first he ascertained by
counting the whole number of separate ballots
| given in, which shall be distinctly stated, re-
corded, aud returned. Blanks are not to be
counted as votes, aud votes for persons not
eligible to the office shall not be counted as
votes, but the number OF such blanks aud the
number and names on ballots for persons not
eligible shall be recorded and return made
thereof these provisions of the Constitution
and the laws apply to cities as well as towns
and plantations, and impose upon them-that
| is, the municipal oticers-the duty of exam
lining and comparing the lists OF votes given
in the several wards, of which the city clerk
shall make a record, and return thereof shall
be made in the same manner as seleclmen of
towns are required to do.
Such are the plain and unmistakable proyi-
sions Of the Constitution of this State, and IN
the discharge OF their duty of examining the
returns and issuing certificates or summons
to the parties appearing TO be elected, the
Governor and Council have not only eudeav.
ored to follow both the letter and spirit of the
Constitution and laws made in accordance
tbara,rtfb Indicated IL
but the advice of their duly appointed legal
officer aided by the best legal talent in the
State.
And hele let it be remembered that the
decision Of the Governor and Council is not
final The Constitution makes the Senate
and the House of Representatives respectively
the final arbiters Of the election of their own
members. All the lists or returns which
have been confded to the Council are to be
laid before the Senate and House of Repre-.
sentatives on the first Wednesday Of January
annually, and they shall finally determine
who are elected.
With these directions and requirements be.
fore them, what is the Governor and Council
required to do9 To examine these returns,
ascertain their validity, and compare them
with the provisions Of the Constitution and
the law. And first, they must have been
sealed in open town meeting, and in presence
Of the seectmen, and by necessary implica-
ton must come into the hands of the Govern
or and Council in that condition. Secondly,
they must be genuine returns, coming from
bona fide towns or plantations legally cons,i.
tuted and organized. Thirdly, they must be
signed by the legal officers Of the towns-that
is, as decided by the courts, by majority Of
the municipal officers OF a town or city-and
certified BY the clerk. Fourthly, they must
contain a statement Of the whole number OF
ballots east for the officers voted for and the
Office for which he was voted to fill. Filthy,
the name OF each person voted for, with the
number OF votes against his name that were
thrown for him. Sixthy, the names of the
officers signing the returns must be written
ss Maine, page 5s7. Applying these rules
10 the various returns, a tabuIation of the
persons voted for the different officers with
the votes each has received, determines the
result.
In the inspection Of returns and tabulation
OF the same, which has just been completed
by myself and Council it has been our Dur.
pose TO apply to every return the same rule
to wit; compliance with the requirements of
the Constitution and the law, without fear or
favor; and if the result as to the political com.
plexion of the Legislature is different from
what was claimed by politicians interested in
influencing the elections in other States, il is
owing in part to the fact that the claim was
unfounded, aud in part 10 the careessness of
municipal officers in making their returns.
The truth is, the popular vote was against the
Republican party, and in the Representative
and Senatorial districts the vote was extremely
close. In addition to the fact that several
persons fail to receive their certificates in con.
.Tt II -. 2
from their towns or cities, there are others
who would have been presumably elected but
for the carelessness OF the voters themselves
or the ignorance Of the candidates or those
who provided ballots at the elections. The
Judges OF our Supreme Court have decided
that ballots cast for William II. Smith and
W. II. Smith are ballots to be counted sepa.
rately Several changes have resulted from
this condition Of affairs. In one county per-
sons with as many as iour different combina-
tons IN initials received the Republican vote
and two the Democratic. That county was
entitled to emily one Senator, and there was
no alternative but to give the certificate 10 the
person having the highest number of votes.
10 the Danforth District, already nctorious,
The name Of the Republican candidate was
Charles A. Role. The town Of Danforlh
voted for Charles Rolfe. The result was that
his competitor received the certificate, and
from like causes other changes have occurred.
The great hue aud cry about ,'conspi-
raey, fraud, DC, arises from the fact that
we have taken the Constitution for our guide,
fortified by the opinions Of the Supreme Court
Of the State aud the advice Of several of the
foremost legal gentlemen Of the forum, and
have not permitted substitution, alteration or
unauthorized amendments of the returns
transmitted TO US for examination and by us
70 be transmitted to the Legislature for their
final action. In other words. we have not
resolved ourselves into Returning Board to
investigate fraud. bribery, illegal proceedings
at the polls, aud the thousand aud one charges
OF corruption that are ahoat, but have left
this whole matter to the action Of the Legs,
lature, where il properly belongs. The Gov.
ernor and Council have recognized the flet
that the people Of Maine have adopted Con-
stitution and declared il TO be the supreme
law Of the State. They have followed ia re
qnirements with fidelity and impartality. and
when an Intelligent public have brushed away
the uiisis and false colorings which enraeed
anddiscom6led politicians have thrown around
our action, and the viiuperaiion and SANDER
that has been heaped upon US has given place
to reason and fair investigation, any condem
nation Of our course, either by the Democracy
OF the natiee or aTy minded aud hopora.
bio politicians Of any party, will be acknowl.
od0ad with dua zuhrns esiaa