The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1879-12-03
RY TELEGRAPH.
A new OUTRAGE.
GOVERNOR AND COUNCIL
MULTIPLYING THE LAWS,
And USuTping the Powers Of
the Supreme Court.
DAMN THE COURT" Elk
CLAIMS COUNCILLOR
FOGG.
Republicans Refused Access to
the Returns.
NO CORRECTION OF
RETURNS TO BE
ALLOWED. +.
A Vigorous Protest from
Republican Candidates.
A WRIT OF MAMDAMUS TO
BE ASKED FOR AT ONCE.
| The Fusionists Determined to
Steal the State.
NO CORRECTION OF
RETURNS TO BE
ALLOWED.
A Vigorous Protest from
Republican Candidates.
A WRIT OF MAMDAMUS TO
BE ASKED FOR AT ONCE.
The Fusionists Determined TIC
Steal the State.
Especial Despatch to the Press

Especial Despatch to the Press.l
AUGUSTA, Dec. 2.-To the Republicans who
have been here looking after their rights the
day has boon one of waiting on Providence
and the Governors Council, and tonight they
have the satisfaction of knowing quite as
much but not much more than they did this
morning. The only increased knowledge of
which they can boast is the confirmation OF
what has long been suspected by many, that
the Governor and Council did not propose to
exhibit the returns for Senators and Represen-
tatives to anybody. This is great disappoint-
ment to few here who had become fully con-
WINGED that these returns were to be thrown
open today to the inspection of ''the mob,' as
the Councillor from Androscoggin calls the
visiting Republicans, and these disappointed
ones are firm in the belief that they are vic
tins of bad faith.
Last evening Councillors Brown and Foster
were understoo d to distinctly promise that the
returns for Sena tors and Representatives
should be seen this morning. Inspired by this
promise, Senator-elect Locke and County At
torney-elect J. B. Peaks of Piscataquis county
went to the Council chamber at an early hour,
They found the door closed, and they COM
menced a lonesome wait. Several attorneys
we're, from time to time, admitted to examine
returns for county officers, but nothing was
said in relation to Senators and Representa-
tives. At last Messrs. Wing & Savage of Au-
burn, made formal request for the returns
for legislative officers from their county. They
we're requested to retire, and after a season OF
deliberation the following answer was returned
to them:
THAT In reply to the request of Wing q
Savage to examine returns of Senators and
Representatives of AndrOscoggin county to
the end that corrections and alteratiopSnsns
~ fgpbly that, as at present ADVISED the consti-
tuition does not provide for any such altera-
tiolS."
This was taken to mean that TIN return,
would not exhibited, though following its
steict phraseology it does not mean anything.
The countenances of the expectant ones hi
and they precipitately departed from the Coun,
Gil chamber. 1t was only two weeks ago that
the Council passed the following order:
Ordered, That the Secretary give pnblic no.
tice that the Governor and Council will be in
session from Dec, LIST to the 18th, for the pur-
pose of examining the returns OF votes for
candidates for Senators and Representatives,
Irregularities or other causes presumed to vitiate
the election will have reasonable opportunity
to be heard, either personally or by duly au-
thorized counsel.
This was supposed to mean, though it is
clumsily worded, that opportunity would be
given to examine the returns to see if irregu-
larites existed. No one could form a reason
able claim of Irregularities unless he could
have chance to examine the instrument
wherein alone the irregularity could exist.
Moreover, candidates who have received a
majority of votes don't go around claiming
Irregularities or other cause which would
vitiate" their election. That is solely the
work of returning board who wish to over.
throw the expressed will of the people, and as
to "other causes" whether bull-dozing, brib-
cry or what not, they are no concern OF the
Governor and Council. Thus it will be seen
that this order really means nothing unless
that the Council will hear those members of
the Council who ''claim Irregularities which
will vitiate the election"
When the reply to Messrs. Wing & Savage
was made it was thought to conflict with the
former order of the Council, but it will be seen
that it doesn't. They have never promised
Officially that the returns could be exam
ined. Those who supposed that the former
order meant that, didn't know that the man
who composes the orders for the Executive
Council is second cousin to the Delphic oracle,
or that the things he writes are not always
what they seem. The members of the Council
say tonight that arguments respecting the re-
turns may be submitted either orally or in
apk,o nth axri6aOon which II ic
deemed desirable that the Council should hear.
This would be highly interesting proceeding
ff tfr75v rrrrsis0 tioa ranment- snhraAit
the evidence are not to see the returns and so
know what they are arguing about or trying to
prove. Perhaps the Council mean that they
are willing to be labored with on the unprece-
dented position they have assumed-as well
send down a detachment of clergymen to labor
with them concerning their sins. They might
be converted from the error of their ways by
one means quite as quickly as the other 1t is
not likely Republicans or clergymen will waste
their energies or cast their pearls before any
such tribunal. The Council would doubtless
be pleased to have the Republicans indulge in
such arguments, for it would kill time and
prevent other action while the days slip away
till the time Wnen tne CeftlnCaueS nuSt De
issued, the 18th being the last day of grace.
Tomorrow morrow morning Messrs. Baker &
Baker go to Fryeburg when application will
be made to Judge Appleton that he will issue
a rule for the Governor and Council to show
cause why a mandamus should not issue
against them to produce the returns There is
a diversity of opinion among Republicans con-
corning this action Many are of the opinion
that sn the absence of any declaration in the
Constitution or statutes that the returns shall
be opened in open session the Supreme Court
will decline to take any action in the premises.
Others argue that the court may properly act
in the matter; that the spirit of our institutions
require that all acts of public servants, with
certain specified exceptions,be open to the pup
lie; that all public records are open TO the in
spection of every citizen, and that every citi-
zen is entitled to certified copies of the record
on paying the customary fee; that the returns
of the election when the seals are once broken
by the Governor and Council are part of the
public records, and that therefore every citi-
zen should have a right to inspect them; that
there is no warrant in the Constitution or
statutes for any star chamber proceeding such
as the Council are now carrying out; that the
returns now in the possession of the Governor
aod Council ara having hean ODened. a mart