The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1879-12-03

ion as the reports of referees to
he court and they should be counted in
he same general manner as to publicity as the
returns of the electoral colleges.
But there is diversity of opinion and it is ex-
.remely probable that before any process OF
5he court, if one should issue, could be made
to bear the time allowed by the constitution
will have elapsed and the certificates all have
been issued. A mandamus would then be
equivalent to whistling down the wind.
The action of the Governor and Council to-
day which is in effect challenge to the
Republicans to invoke the court indicates that
their plan of action is fully determined upon.
[ expressed similar opinion two weeks ago,
and to-day certain prominent Democrats in
town are boasting that the count is all settled
and that the next legislature will be demni-
tional sure. FELM.
ITO the Associated Press.l
AUGUSTA, Dec. 2.-As soon as the Governor
and Council met this morning Senators and
panied by their attorneys, repaired to the
State House in the full expectation that after
the promises made by the different Councillors
they would be allowed to examine
the returns in their several cases. One after
another. however, failed even to get into the
Council chamber, when, finally, about noon,
Messrs Wing and Savage, attorneys-at-law
of Auburn, representing the Androgcoggln
were informed that the Governor
and Council had decided to allow the returns
of the election of county officers to be examln-
ed, but that no one should be permitted to see
the returns for Senators and Representatives
Subsequently meeting of Senators and Rep
resentatives elect was held and the following
protest was drafted and forwarded to the Gov
ernor and Council:
AUGUSTA, Me-, Dec. 2, 1879.
To the Honorable the Governor and Council OF
the State of Maine ::
The undersigned Senators and Representa-
tives elect chosen to the Legislature by t1e
election of September Sth, 1879, beg leave to
submit to your honorable Board the following
protest.
"During the month of October and the first
half of November it was given out that the
Governor and Council would meet on the 18th
day of the latter month for the purpose OF
opening the election returns, and accordingly
on the day named the Council met and there
was considerable assemblage in this city OF
The Council at once passed an order declaring
that the twenty days within which applications
should be filed for correction OF returns should
begin to run on and from that date. The gen.
eral inference was that your honorable Board
would forthwith permit the parties interested
to inspect the returns according to uniform
usage of your predecessors. Seven ex-governors
of the state then in the city-Anson Z. Nor,
riil. Hannibal Hamlin, Lot M. Morrill,, Israel
Washburn, Jr., Sidney Perham, Nelson Ding
ley, Jr, and Selden Conner, testified fully and
publicly that in their administrations they
had never known a single instance in which
a candidate for Office or his authorized attor-
ney had been refused full and free examina-
ton of the returns. To these have since been
added the concurrent testimony OF ex-Gover-
nors Joseph H. Williams, Abner Coburn and
Joshua L. Chamberlain, thus giving the UNI
broken testimony of all living ex-governors
since 1854.
But against this imposing array of prece-
dents, against clearly expressed legal right,
against the apparent intendment OF your hon.
orable board fixing the twenty days for appll-
cations for correction, every attempt TO see
the returns has net with evasive delay or HAT
refusal AS means of securing our rights
resort was then had to the Supreme Judicial
Court by petition On the 10Th of November to
issue mandamus to compel the Secretary OF
State to exhibit the returns. In answer to this
petition Chief Justice Appleton ordered notice
for hearing on Tuesday the 25th., Your honor
able board, however, on Saturday, the 22d,
after notice had been ordered by the Chief
Justice, passed the following order:
"Ordered, That the Secretary give public notice
that the Governor and Council will be in session from
Dec LIST to 18th, for the purpose OF examining the
official returns of votes for candidates for senator's
representatives and county officers. Candidates
claiming irreg uaritics other causes presumed to
vtiate their election will have reasonable opportu-
nifty to be heard either personally OF py duly au-
thoriZed counsel"
AS this order was understood to concede,
even though grudgingly and in restricted time,
the privilege of inspecting and correcting the
returns, all the parties in interest agreed to
suspend legal proceedings and await the issue,
their purpose being to reach the desired end
without litigation, and even without irritation,
if possible. Following the suggestions OF your
order the undersigned came to this city yester-
day fully expecting that the promise which
the order contained would be carried out in
good faith and that they and all other !egisla-
tive candidates would be permitted to inspect
the returns and ascertain if there are any
errors that could be corrected under the law.
Several members of your honorable board had
individually given assurance that there would
be no difficulty in seeing the returns, and they
especially assured different gentlemen that any
candidate, Record of his town should f 81 az
loved to see the return and compare said
record with it for the purpose OF making the
hitherto anyways dllOWous
In anticipation of this condition the under
signed in connection with their associates in
other counties at no small expense and with
much trouble have taken pains to secure certi'
fed and attested copies of the records in nearly
all the towns in the State, and thus they are
fully prepared to comply with this exactions
burdensome and expensive as
it has proved, and now after all the condi-
IONS have been complied with by the Republic
ca, candidates, after they have endeavored to
adJht themselves to every reasonable and,
Perml.. us to add, unreasonable exaction
prescrb'd by your honorable board we are
finally aid definitely told that you have
decided te permit the returns Of county Off
GERS to be e1amined, but that you decline to
exhibit Slngn return from any county or any
town OF the ELECTION of any Senator or any
Representative
The Hon. Geo. o. Wing and A. R. Savage,
Senators and Represe, tative-elect from An
droscoggin county, and re,resentino the COM
mon cause of all republican senators and
representatives elect receiveUf dav from vour
honorable board the following ,efinite answer
delivered by his EXcellency Goveror Garcelon
in full council, viz:
"That no one could be permitted ana. ann cir
cunastanceS to inspect the returns Of etIf;9n of
Senators and Representatives,.
His Excellency was pleased to base the 90
fusal on the conclusion of your honorabl,
board that the statute of 1877 so far as il
relates to Senators end Representatives is UNI
constitutional. Under that statute his Excel
lency was pleased to say that returns for
county officers would be freely shown to can
didates but that no return for Senators and
Representatives could be shown to any one.
Your honorable board will permit the under
signed to remark that they never grounded
their right to inspect the returns on. the act OF
1877 alone for the right they are demanding is
one uniformly enjoyed by their predecessors
from the foundation Of the government, and
now for abe first time denied. The under
signed therefore cannot see how a right en-
loved in this State under the Constitution and
never hitherto withheld could be affected by
the constitutionality or unconstitutionality OF
the statute referred to. They are especially
unable to see how the executive department
of the government can set aside the plain
directory language of a statute. The law in
question says definitely and without qualifica'
ton in its concluding clause that Its provi.
sions SO far as they relate to the correctl on OF
returns shall be applied in determining the
election of Senators and Representatives to tie
State legislature. ~.
Your honorable board now declare that this
law is unconstitutional, conclusion which you
certainly had not reached when on November
18th YOU issued the notice under the twenty
day provision for corrections contained IN the
same section from which the above quotation
is rnaue. Your honorable hoard will permit
the undersigned to remark that you enjoy the
distinction of being the first Governor and
Council who have directly assumed the duty
of the judicial department of our government.
1t has been the practice OF wise and prudent
Executives to invoke the Judgment of the Su-
Ein,v ont nn nf