The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-12-03
THE MAINE MIDDLE.


REFUSAL OF THE GOVERNOR AND COUNCIL TO
ALLOW THE ELECTION RETURNS TO BE Ex-
AHMED pRoTEsT OF THE SENATOR'S AND
REPRESENTATIVES, ELECT.
AUGUSTA. Dec. .. 1879.
As the Governor and Council met this
morning the Senators and Representatives from the
various counties. accompanied by their attorneys,
repaired to the State House full expectation that
they would be allowed to examine the returns IN
their several One after another however failed
sven to get into the Council Chamber finaiiy'
ibout nooa. Messrs. Wing Savage. attorneys
at-law. of Auburn. representing the Androscogsih
delegation. informed that the Governor and
Council had decided to allow the returns OF election
VI county officers to be examined. but that no one
ohould be permitted to examine the returns Tor Sen
stors and Representatives subsequently meeting
If Senators and Representatives elect was held and
the following protest was drafted and forwarded to
the Governor and Council:-
AUGUSTA Me- Dec. 3 1879
To THE HosoRABLE THE GOVERNOR AND COUNCIL OF THE
STATE or MAINE -s. ..s p.x....,..;..s .,..,
Legislature by the election of September
lowing protest During the month of October and
half o. N0ys@ssT !. was given out that The the
the latter month for the purpose Of opening the
Council and there considerable assembage OF
persons this city immediately interested in the result
The Council passed order declaring that the
twenty within which applications should be filed for
date.
% as no
returns according the uniform Of predeees
sa@ey ssx xnssa MaSr HaanSa f a%a Lot NJ
M Nssdn bnssy % ana seldom
date Office attorney had been refused
since added The ASss of
aud Hash I. Clamb kan
Testimony all the living exGovernors since 1854 But
h
your Board fixing the twenty days for appca
met with evpsve delay Hat refusal
to the saprsas JUDICIAL petition 18th 9TH
Gay Of sae 10 eShSs the returns In answer TO this
petition Chief Justice Appleton ordered ns.iee for hear
The after had been ordered by the
Ordered That Secretary give public that the
Governor Council will be in session from December
Of votes for candidates for Senators and
eSer Presumed Ssiate their election will have
reasonable opportunity to be heard either personally
As this order understood to concede though
ing and correcting returns, all parties in interest
a sn the
CATION and even without irritation if possible.
faith and thai they and all other legislative candidates
would be permitted to inspect the returns and
under the members Of honor
sspesiay assured different gentlemen that any eaS-
election record of his township would be allowed
It for the Of making the corrections hitherto
always allowed In OF this condition the
counties at small and with much trouble have
% Of the State aa
'as
and now afer an OF these conditions condition., have been
have endeavored TO adjust themselves every reason
scr6ed by your Board we are finally and des
nely told that have decided permit the of
ssene 10 Single from any s1As
any keprsn ssss sad r.
sess ro Se s I
aruoesp the and e
.:sssiysd ,sesday from your &onSraSs Board Board
s r aSnc BY M %
could be permitted under any to inspect
His Exccllency pleased to base the refusal the
Of is77 Sr to senators and Repre-
sentatves is unconstitutional but under that statute.
would be freely shown The candidates that
Your honorable Board viii permit the undersigned
the returns the Act of 1877 alone for the right they
from the foundation Of the government and
now for the first time denied The thsrsfo5
and WITHHELD could aiecsS
of the government set aside the plain directory
language of statute. The law in question says dis
tinety and without Qualification. in its conclud
Ing clause, that its provisions, far they
relate to the corrections OF returns. shall be
applied in determining the election of Senators aud
Board declare that this law Is nstitutional
conclusion which you certainly had reached when
November IL you issued the notice under twenty day
provision for corrections contained in the same
lion from which the above quotation is made
Your honorable body will permit the undersigned
that you enjoy the distinction of being
governor and council who have directly assumed the
duty OF the judicial department of our government.
II has been the practice OF wise and prudent
all important questions Of law and upon solemn
sons provided in the constitution. when doubts
speeding statute might arise. but your honrable
Board. without that reference TO the
premo judicial which the constitution of
Maine especially provides for aside the plain
provisions of law the statute book If your
do in another and the execution OF entire body of
laws is thus made depend upon the opinion
which honorable Board have to the constitu
honsly Of the several parts with the reserved right
which you have exercised in this of changing your
conclusion in the OF fourteen days II this be
proposes to the laws of the State il would BIO
mcrcifu notify the people to which laws your
honorable Board regard binding which is inopers
beyond period days
respectfully submit that individuals have the
right determine the constiutionaty unconst
nationality of law for ourselves that honorable
Boardmay have for yourselves All laws duly enacted
binding until repealed set aside by u
judicial decision. and your Honorable Board is guilty,
power whenever you decide dsobey annu refuse
to any law the statute book. Instead of
this why not like careful pre-
deccssors of all parties, submit the question to the
preme Judicial court to determine what rights
under and laws, interpreted
clared by long line of illustrous Judicial decisions.