The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1879-12-11

He claimed there was legal return of 3,4S4
votes thrown for him in Portland, and that
the provisions Of the statute were all complied
with so far as that return for him was concern
ed; 2,81O votes were legally returned for his
opponent and must be counted. Fourteen
votes were returned as scattering" which it
was claimed if not legal returns must be reject
cd. If that position was overruled, Mr.. Lar
rabee ella ned the right to offer the amended
record of Portland, according to the statute in
such case made and provided.
Mr.. Larrabee was followed by FL. c. Peabody
ESD, Judge of Probate-elect, who argued that
the constitution which was the paramount
law, required that the person receiving the
largest number of votes should be declared
elected; that the Governor and Council was
the legal tribunal who is to determine in the
matter of Judge of Probate who is elected; and
hence a different rule prevailed from that in
reference to Senators and Representatives.
The number of votes in the Portland returns
embraced in the indefinite term scattering"
is trivial, and the legal maxim that "the law
does not regard trifing matters" applies in
this case; that the provision requiring the
returns to show the names Of all persons voted
for and the number of ballots cast for each, is
directory and not mandatory. and a failure to
comply with this provision on the part OF city
or ward clerks not being material in determin-
ing the question of who received the highest
number of votes cannot disfranchise the whole
city-cannot render the returns "fatally defec-
tive"-as the right is more important than the
| regulation. The logical effect of applying
b. Nv
| places it beyond the right Of the Governor and
| Council to assume that the ballots did not
! actually bear the word scattering" This
| would be compliance with the provision OF
| the statute.
A. W. Coombs. Esq, County Attorney-elect,
| then followed in a lengthy and able argument,
the substance of which was that the Governor
and Council could not go beh ind the returns;
| in favor of the right to amend the records OF
| Portland to accord with the facts as shown by
the original ward returns; that the office Of
attorney was one created by statute and that
the determination of his election was prescribed
| by provisions of statute only, and not by the
| constitution.
| In regard to the Scarboro returns it was
| argued that the constitution which prescrbei
the mode of attesting the returns for all officers
requires the attestation by the town clerk o.
the returns for all officers balloted for. The
returns from this town were attested -
deputy town clerk" and it was claimed that,
| although the statute provides for the appoint
ment of deputies, it was only for the per
formance of tho statute duties of the clerk
The constitution makes provision for the
| +ofo utu Tho only tC
be pursued by a town in the absence Of tht
clerk from the annual election was to elect a
the meeting clerk pro tenn, who being duly
sworn, would be for that occasion virtually the
clerk.
The opposite side was then very warmly pre-
septed by Mr.. Swasey in a strong partisan
spirit. He cited the recent election IN the
| state, characterizing it as a monstrous fraut
and one carried by bribery and intimidation
He expressed great indignation that the city o
Portland should declare majority of six hun
dred in favor of the Republican candidates il
the face of such extensive frauds. His argu
ment was to the point that return once made
could not be legally amended. After expatiat
ing quite while upon political affairs Ii
Mane Mr.. Swasey in q great flow OF oratory
proceeded to ventilate the Presidential contes
of 1876, and the results thereof.
1t was evident this depression Of the orator
was not pleasing to the Council, for they twist
ed and turned in their seats and in many sig
nifcant ways endeavored to express to hin
| that his remarks were ill-timed Finally DR.
Parker could stand it no longer and rising il
his seat begged leave to inquire of the Cover
nor if this was a meeting of the Council or
political meeting gathered for partisan pur
poses. This had the desired effect, as it com
petely squelched Mr.. Swasey's depression ant
he after few more remarks relative to TIL
case in hand, sat down and was heard no more
At the conclusion of Mr.. Swasey's harangu
4 the Republican candidates briefly addressed
the Governor and Council, and in response t
their invitation each deposited with them ez
| iaustive briefs compromising the whole case
The hearing Terminated in a very friendl
| spirit, the honorable body informing them tina
a decision would probably be rendered SOM
time next week. In the meantime everything
remains in Stdtu quo.