The Portland daily press., 1879-11-22
Try TELEGRAPH.
GONE TO THE COURTS.
No Further Applications Made
to The Council.
PETITION FOR A MANDA-
MUS TO BE HEARD BY
THE FULL COURT.
Hearing to Take Place EARLY
Next Week.
OPINIONS OF TWO PROMI-
NENT DEMOCRATS
The Locking Up Of the Returns
Condemned.
Hearing to Take Place EARLY
Next Week.
OPINIONS OF TWO PROMI-
NENT DEMOCRATS.
The Locking Up Of the Returns
Condemned.

AUGUSTA, NOV. he duVlSOTy CuIlIllt-
tee of the Republican party on the counting
out scheme have now all repaired to their
homes in view of the fact that the case for the
present is transferred to the Supreme Judicial
Court. The committee desire to have it stat
ed, however, as a fact of large Importance in
their Judgment, that not one member of the
Republican party has been permitted to see
the election returns since the day of election.
Candidates counsel, senators-elect, representa-
tives-elect, county officers of the Republican
party have all in turn applied and all in turn
been refused. On the other side a Democratic
Governor Democratic Council, Democratic
lawyers and Democratic town officers have all
been permitted to examine the returns, and
one member of the advisory committee says
they can prove that returns from Democratic
towns have been undergoing correction for the
past six weeks and that in the case of one par
tcular town, well known to the committee,
the returns were corrected as lately as the
early part of this week and the corrected re-
turns sworn to as having been made in open
town meeting September Sth. The committee
state as the result of their examination that
for the firstAime in the history of Maine the
privilege of inspecting the returns has been
confined exclusively to the members of one
party, and III this case the members of the de-
feated party.
Judge Libbey and Judge Danforth of this
county received today a telegraphic inquiry
from Chief Justice Appleton whether they
deemed it expedielt to assemble the entire
Supreme Judicial Court in this city on Mon
day to determine the extent of its jurisdiction
in the premises and especially to consider the
application for writ of mandamus to compel
the Secretary of State or the Council to ex-
hibt the election returns in time to have cor
rections made under the statute. 1t is UNDER
stood that both Judges answered the Chief
Justice advising the assemblage of the full
court. Messrs. B lker & Baker, Hon. Nathan
Webb and Hon. Thomas B. Reed will appear
as counsel for those who demand the right to
examine the returns. 1t is understood that
Attorney General Mcclellan will represent the
state government and will be assisted by Hon.
VIM. l. Putnam of Portland.
BANGOR, Nov. 21.--It is understood Chief
Justice Appleton in answer to kilograms to all
other Justices of the Supreme Court as to the
expedency of ordering a hearing at Augusta
early next week in the presence of the full
court on petition for mandamus to compel
the exhibition of the election returns to par
ties interested, received affirmative replies
from each member of the court and that Or
der of notice has been Issued in the case. Mr..
Baker of the counsel left for Augusta this eve
ming and the precise nature of the petition and
date of hearing will probably be announced to
the public when notice is served.
The Bangor Commercial reports the follow
ing expressions of opinion by two of the most
eminent Democrats in Maine, Hon. James W.
Bradbury of Augusta and General Franklin
Smith of Waterville, on the course of the Ex-
ecutive Council in denying to interested par
ties the privilege of inspecting the election re-
turns
Mr.. Bradbury is of course acknowledged to
be one of the most prominent Democrats in
the state, a gentleman of long and varied po-
litical experience, a very able lawyer, and a
man of unimpeachable integrity. In answer
to the question whether he thought the Coun-
Gil were justified in Withholding the returns
from the inspection of the public Mr.. Bradbu-
ry said in substance -
"Without looking at the statnte am not
clear in my own mind whether the law leaves
it discretionary with the Council or not.
know however, that L have, in past years
when counsel in contested cases, been given
access to the returns, and l think il has been
the general custom to allow interested parties
and their attorneys to see the returns in which
they are interested. / have sometimes found
it slow work to get at the returns that L want
ed to see, but have invariably succeeded, al
thou h frequently not until few of the TWEEN
ty days had passed"
General Smith said
81 am inclined to think that Governor Gar
celon'S Councillors have made one mistake
since they have been in sesson,-and only one.
1t seems as if they should allow candidates or
their counsel, under proper restrictions and in
the presence of the Council opportunity to ex-
anime the returns. 1 have made diligent
inquiry among Republicans and Democrats
alike, simply with view to getting at the
truth, and find an almost unanimous assertion
that it has generally been the custom to allow
such inspection. Governor Garcelon, it is I'M
derstood, informed Mr.. Dmgley's committee
of visiting statesmen that they should have the
customary right to examine the returns, but
the members of the Council or majority of
them, are opposed to the Governors idea.
1.-THE Councillors claim that the law makes
it discretionary with them and that to avoid
possible chances for fraud they will not submit
to public examination of the returns. The
Councillors have been so Outrageously treated
by the Republicans who, under the leadership
of Senator Blaine, sent a great host OF office
holders, office seekers, and party men general
ly, apparently TO frlghten ana Dulld0Ze them,
that it not strange that they are not in the best
frame of mind towards the Republicans, and
evince determination to let the Republican
managers test the law and see whether or not
they can compel an exhibition of the returns.
The fact still remains in my mind, neverthe-
less, that Governor Garcelon was right, and
that the Councillors are a little off the track
Under proper restrictions they ought to permit
counsel and interested parties access to the re-
turns, and 1 believe they will come to this con-
clusion Themselves