Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1879-12-13
THE COUNTING OUT
CONSPIRACY.

| p1ete Back-DOwn ef the Governor ant
| Counei1-The Returns Freely Exhibited
| The Examination OF everal C0untie,
Made Ycsterday-Csses in skowhegan
and HalloweII.
A despatch was received by O. ID. Baker
from Judge Virgin, yesterday. in which the
latter says; 81 have concluded to dismiss
the petition against Govc--grounds of decs
ion hereafter" As the returns have been
freely exhibited at the State House since last
Tuesday morning-the day appointed for the
hearing-the necessity for the issuance Of a
writ of mandamus to compel the showing of
the returns has been removed.
There has been complete yielding on the
part of the Governor and Council, to the de-
mands to see the returns. Baker & Baker
were admitted to the Council Chamber yes
terday, and inspected the returns of Franklin
ial returns of Cumberland, the Norway dis
trict in Oxford, the Exeter and Garland dis
trict in Penobscot, and portions of Andros-
coggin. Messrs. Wing and Savage also ex-
VIZ tostoSeih anu tiltTc
were number of other parties examining
returns.
The case Of Skowhegan's rights to the rep
resentative of her choice, is pending before
the Governor and Council. Two or three
hearings have been had upon it, The ordin-
airy ballot in Maine is of oblong shape, the
names being printed in single column, at
right angles to the longest side. In Skowhe-
gan the names were printed parallel with the
longest side and in two columns. The laws
of Maine declare as follows:
mo ballot shall be received at any cleo
ton of state or town officers, unless in writ
ing or printing upon clean white paper, with
out any Distinguishing mark or figures there
on, besides the name of the person voted for
and the Offices to be filed, but no vote shall
be rejected on this account, after it is receiv-
ed into the ballot box"
1t is not maintained before the Council
that there was any mark or figure on the bal
lot, but that its shape was of itself distin-
gushing mark.
Hon. Stephen Coburn, attorney for the
representatve-elect, Mr.. Steward, appeared
before the Council and made an argument on
the question, submitting brief to go on the
files of the Council. In that brief Mr. Co
burn says, at is not denied that Mr.. Stew
ard received large majority of the votes
cast or that the record and return are regu-
lar. The only objection known is a claim
that there were distinguishing marks on re-
publican ballots.
The attention of the Council is respectfully
called to the following points:
First-Suffragc is primary constitutional
right, and all laws ''must be construed in cas-
es of doubt so as not to encroach upon a priv
iege so sacred. - Cutting, j.; 81 Maine
Rep, COS.
Second-An inspection of the votes CON-
planned of shows that there were absolutely
no marks upon them, and a portiori no dis.
tinguishing marks. Judge Cutting in the
opinion just cited, holds that "there may be
marks upon the ballot which are not distin-
gushing" There can certainly be no dis
finguishing marks which are not marks.
Third-A distinguishing mark is one that
distinguishes from the prescribed standard,
clean white paper. Every voter has a right
Grafton with other voters it will naturally be
distinct and distinguishable from other bal
lots, at least in size, shape, paper, ink, pen.
manshp, or type. One ballot may as well be
taken as a standard as another aud 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 a Sc
we're penalty in case of an intentional or
erroneous decision" and from this decision
there is ne appeal or review Cutting, j.,
above cited.
In Skowhegan the republican candidate
received Goa votes and the fusion candidate
POS votes; republican majority, BOG. The
proposition before the Council is to declare
the Goa republican votes illegal and count
only the votes given for the fusion candidate
If this proposition be adopted the republi.
cans make net loss of two in the House Of
Representatives.
Hon. l.. G. Downes and Charles b. Rounds
Esq, of Calais, left here yesterday, aftel
having conferred with the Council in regar(
to the result in Washington county. They
are satisfied that three republican representa-
tives who were clearly elected from that
county. will be counted out, and fusion can
didates, who were defeated, counted in. The
districts which they name are the Princeton,
Henry, and Cherryfeld districts.
Mr. Rounds, though leaving Augusta, ha
not gone eastward, but is on a visit to An
droscoggin county. He left his address will
trusted friend for telegraphc summons in
case the Governor and Council should con.
clude to order an investigation on the charges
preferred by him ten days ago. Nothing il
known as to what the conclusions of tn,
Governor and Council will be on that matter
A petition was to-day laid before the Gov
ernor and Council from 80 leading citizens o
Biddeford, praying that an investigation may
be ordered into the very serious charges pre-
ferred by Hen. Charles b. Rounds, and tina
hearing on these charges be had before Ger
tiicates of election are issued to senators an,
representatives.
A etition of similar import from sc citi