Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1879-12-29

can representative from Skowhegan was
counted out and Il fusionist counted into his
seat, although the former had more than two
thirds of the votes. on the plea that the fact
that the republican ballots had the names of
candidates printed in double columns. consti-
tuted the Distinguishing mark" prohibited
by the statute, netw outstanding the selectmen,
who are the judges this point, decided
otherwise; and the same law provides that
''no rote shall be rejected on his account
after IL has been receired into The ballot
bor."
The republican representative from the
Lisbon, Webster and Durham district was
counted out not only by violation of law,
but by false and scandalous decision of the
council which adjudged the selectmen of the
first two towns to be forgers Now the Sc
lectmen have appeared before the council and
made oath that they individually signed the
returns. The republican representative from
Cherryfield was rejected because one of the
three selectmen was adjudged to be an alien
in spite of the long line of decisions that the
signature of a de focto town officer is conclu-
sive. Pennington was deprived of the re-
publican 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 bal
lot, but cut out the names of candidates for
representatives. The Sullivan district was
deprived of the republican representative, on
the pretcxt that one of the returns gave a
wrong initial, when the return is correct and
up" was read as ''B'' in plain disregard of
the facts. Republican Newburg and Corinth
are rejected because the name of the town
was written only on the envelope. but fusion
Buckficld and Browntield were counted in
spite 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 usurpaton
of power-it will not answer for Governor
Garcelon to set up the plea of strict obed
ence to law, and good intentions. The cases
of plain defiance of law, to which | have re-
fcrred. some of which even Mr.. Gonld one
of the attorneys of the Governor and Coun-
ell, admit were illegally decided, and one of
which (Ashland) even the Governor himself
declares to have been decided wrongfully,-
show the utter groundlessness of the Cover
nor's defence. What legal justification can
there be for the deliberate notification of a
law which provides for the lawful correction
of all the errors on which the will of the peo
pie has been overthrown.
At every step the Governor has refused to
take the opinion of the Supreme Court which
under our system is the legal interpreter Of
he has acted legally, he can show his good
faith by asking the opinion of the court on
all the points involved. This the republicans
are asking him to do, and they will abide by
whatever decision NAV be reached. If the
Governor continues to refuse, his best friends
must confess that he is conscious he has act
ed illegally.
The suggestion of Gov. Garcelon that the
counted out republicans may appeal to tri-
bunal which has been constituted by DELHI
crate theft, is too ridiculous to be put forth
by sober men-especially in view of the fact
that the programme, As already announced by
Mr.. Pillsburv, is for his legislature to first
elect governor and State officers, and then
take up contested seats and spend the winter
investigating before deciding them. When
jurors who have had part of the stolen pork
find the thief guilty, then Mr.. Pillsbury's
legislature, if it is entrenched in power, will
admit republicans to 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 appropriate means within
our power. An aroused and overpowering
public sentiment will aid materially in the
recovery of our rights; and at present the
duty OF every citizen lies IN this direction. l
firmly believe that the conspiracy is not to
finally succeed.
Every patriot sees, ought to see, that if
this usurpation succeeds it will become a
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 of any popular vote. Such precedent
would be fatal stab at free institutions for
when collections cease to elect" when men
in power may illegally count out legal votes
to retain their positions, then we shall have
entered upon the fatal road which leads either
to anarchy or despotsm.
Whatever may happen, rest assured that
the people of this State, the people of this
country have not yet sunk to the Mexican
level; and when they come to fully under
stand what has been done, they will unite in
such voice of condemnation as will bury
beyond resurrection the men who have
planned this usurpation, and the parties
which approve it.
Evidence Of n Conspiracy to
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