The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1879-12-13
BY TELEGRAPH.
COUNCIL HEARINGS.
Attempt to Throw Out SkOW-
hogan
ON A VERY FLIMSY PRE-
TEXT.
Washington County Represen-
tatiyes to be Counted Out.
MR.. ROUNDS STILL READY
TO MAINTAIN HIS CHARGES.
The Council Apparently Still
| Afraid of Them.
Washington County Represen-
tatiyes to be Counted Out.
MR.. ROUNDS STILL READY
TO MAINTAIN HIS CHARGES.
The Council Apparently Still
Afraid of Them.

AUGUSTA, Dec. 12.--There has been COM
plete yielding on the part of the Governor and
Council to the demands to see the returns.
Baker and Baker were admitted to the Coun-
Gil chamber today and inspected the returns
of Franklin county, some cases in Kennebec,
the senatorial returns of Cumberland, the
Norway district in Oxford, the Exeter and
Garland district in Penobscot and portions of
Androscoggn, Messrs. Wing and Savage also
examined the Androscoggn.
The case of Skowhegan's rights to the rep
resentatve of her choice is pending before the
Governor and Council. Two or three hearings
have been had upon it, The ordinary ballot in
Maine if of oblong shape, the names being
printed in single column, at right angles to
the longest side. In Skowhegan the names
were printed parallel with the longest side and
in two columns. The laws of Maine declare
as follows:
"No ballot shall be received at any election
of state or town officers unless in writing or
printing upon clean white paper without any
distinguishing mark or figures thereon besides
the name OF the person voted for and the Off
ces to be filled; but no vote shall be rejected
on this account after it is received into the bal
lot box"
1t is not maintained before the Council that
there was any mark or figure on the ballot, but
that its shape was of itself distinguishing
mark. Hon. Stephen Coburn, attorney for the
Representative-elect, Mr.. Steward, appeared
before the Council and made an argument on
the question, submit tting a brief to go on the
files of the Council. In that bri eff Mr. Coburn
says:
1t is not denied that Mr.. Steward received a
large majority of the votes cast or that the
record and returns are regular. The only OBJ
lection known is claim that there were dis
tinguishing marks on Republican ballots. The
attention of the Council is respectfully called
to the following points:
First-Sutfrage is primary constitutional
right and all laws must be construed in cases
OF doubt so as not to encroach upon privilege
so sacred-Cutting, "a Maine, rep. sos.
Second-An inspection of the votes COM
planned of shows that there were absolutely no
marks upon them and portion no distinguish
ing marks. Judge Cutting in the opinion Just
cited holds that that there may be marks up
on the ballot which are not distinguishing.
There can certainly be no distinguishing marks
which are not marks
Third "A distinguishing mark is one that
distinguishes from the prescribed standard,
clean white paper. Every voter has right to
make his own ballot, and without cooperation
with other voters it will naturally be distinct
and distinguishable from other ballots at least
in size, shape, paper, ink, penmanship or type.
One ballot may as well be taken as standard
as another, and no legal standard is possible
except that prescribed by law.
Fourth-The presiding officers of the town
are the judges of what constitutes a ballot with
distinguishing marks under severe penalty in
case of an intentional or erroneous decision,
and from their decision there is no appeal or
review-Cutting j., above cited.
|. In Skowhegan the Republican candidate
received 604 votes and the fusion candidate 278
votes. The proposition before theCouncil is to
declare the 604 Republican votes illegal and
count only the votes given for the fusion cam
didate. If this proposition be adopted the Re-
publicans make a net loss of two in the House
of Representatives.
Hon. L. G.. Downs and Chas. B. Rounds,
Esq. of Calais, left here today after having
conferred with the Council in regard to the re-
suit in Washington county. They are salts
fed that three Repu blican Representatives
who were clearly elected from that county
will be counted out and fusion candidates who
were defeated counted in. The districts which
they name are the Princeton, Perry and Cher
ryGeld districts. Mr.. Rounds, though leaving
Augusta. has not gone eastward, but is on a
visit to Androscoggin county. He left his adj
dress with trusted friend for Geographic
summons in case the Governor and Council
should conclude to order an investigation of
the charges preferred by him ten days ago.
Nothing is known as to what the conclusions
of the Governor and Council will be on that
matter.
A petition was today laid before the Cover
nor and Council from 3S leading citizens Of
Bidd eford, praying that an investigation may
be ordered into the very serious charges pre-
ferred by Hon. Charles B. Rounds, and that
hearing on these charges be had before certi-
ficates of election are issued to Senators and
Representatives. A petition of similar import
from IS citizens of Saco was also laid before
the Governor and Council The signers en-
brace the most prominent citizens of Saco,
and they stro ngly urge upon the Council the
necessity of an investigation.
Major E. Rowell, Representative elect, has
examined the returns from Hallowell and
finds them entirely regular. He has also the
direct assurance of a member of the Council
that he will receive his certificate.