Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1879-12-11

coin County.
The hearing on the petition for a manda
mus TO compel Edward II. Cove, Secretary Of
State, to show the returns of Lincoln County
of the vote for Senator in September last, to
Andrew II. G. Smith, candidate for election
to the Senate, commenced at the State House
yesterday, at IL O'Clock, A. NJ. in the Senate
chamber before Judge Virgin.
Messrs. Baker & Baker of Augusta, and
Nathan Webb, of Portland appeared for the
A. p Gould of Thomaston appeared for the
respondent.
The Senate chamber on the opening of the
Court showed full attendance of spectators
drawn thither by their interest in the proceed
ngs. Both political parties were represented
When the Court was in readiness to enter
upon the hearing, Mr.. Webb suggested that as
there were two petitions, both precisely alike,
except in the matter of names, it would be
unnecessary to consume the time of the
Court by reading the pleadngs of only one.
His Honor, Judge Virgin, nodded assent
Mr.. Orville ID. Baker then read the follow.
ing petition of the re'ator:
TO the Honorable Justices of the Supreme Jn-
dicial Court of Maine, nor held at Frye
burg in and for the County Of oxford, on
the FIRST Tuesday Of December, 1879.
Andrew r. G. Smith of Whitefield, in the
County of Lincoln, relator, in behalf of the
State of Maine, respectfully represents and
informs this honorable Court that at the last
annual September election he was a candi-
date for election to the Senate of Maine for
the 59th Legislature, from the district and
county of Lincoln, that he received plurali-
ty of all the votes cast for one of our Senators
at said election in said district, as will fully
appear bv the official returns made to the Of
flee of the Secretary of State from the several
cities, towns and plantations in said district /;
that he is fairly elected to said office, and en-
titled to certificate of such election from
the Governor and Council that he is inform
ed and believes, and has good reason to be-
lieve that said Governor and Council are in
tending and attempting to reject some of the
returns that are in favor of your relat0r, and
issue a certificate of election to a person who
received only a minority of the votes cast
and returned, and thus deprive your relator
of the Office to which he was fairly elected, by
reason of some slight errors, defects or infor-
malities in said returns, which he has legal
right to correct by virtue of the statutes Of
the State, and could correct if he could as
certain what those defects, errors or infor-
malities are by an examination of said re-
turns.
Your reator further shows and informs
this Honorable Court, that on the seventeenth
day of November, 1879, the Governor and
Council passed vote that the returns were
opened on that day, and that the twenty days
allowed BY statute in which to make an appli-
cation in writing to them for the correction
of any errors, defects or informalites in said
returns, or to show that the returns and the
records of the towns from which they came do
not agree and to show which are correct,
would begin to run from that day; and on the
same day the Committee on the part of said
Council appointed to open and tabulate said
returns, made report to the Governor and
Council and submitted said returns and the
tabulaton thereof as part Of their report,
and that report was duly accepted by the
Council, and by the Governor approved and
spread upon the records of the Governor and
Council and thereby said report, record and
returns became public property, and open to
your relator as citizen and Senator claim
ing his election.
And your relator further shows and informs
this Honorable Court, that on the I'd day Of
DtCtmDeI, 1917, HC ihuuS ~ iVvucst III WIN
ing, to said Secretary Of State, Edward II.
Cove. who is the legal custodian Of said Off
cial returns, to permit him or his counsel to
examine the returns from said district in the
office of the Secretary of State, or in his
presence, in order to ascertain what errors,
defects or informalities, or discrepancies be-
tween the returns and the records, if any,
might exist and in order that he might pre-
pare the application in writing required by
the statute, and state therein the errors al
legged as the statute requires him to do, and
for all other purposes contemplated by the
constitution; but said Secretary of State re-
fused to allow such an examination. or any
examination, and still persists in refusing,
thereby depriving your relator of his legal
rights to see and examine public record Of
this State, and of all means of correcting said
discrepancies, errors, defects and informali-
ties in said returns, if any should be found,
and of his legal right to make such correc-
ton, or to make the application for that pur-
pose, and state the errors alleged, as the law
requires him to do.
Wherefore your relator prays that writ Of
mandamus may issue from this Honorable
Court to said Edward II. Cove of Augusta,
in the County of Kennebec, Secretary Of
State, and the legal custodian of said returns,
commanding MIN 10 permit your relator by
himself and his counsel, or either, to have
immediate access to said returns, and to ex-
anime the same at suitable time and place
and in a suitable manner for the purpose OF
exercising the rights, and complying with the
requirements provided by the laws as herein.
before set forth, and that a.rule of court may
issue to said respondent, commanding him to
appear before said Court, in the County OF
Oxford, on the ninth day of December, 1879
being the seventh day of said December Term,
and show cause, if any he has, why the pray.
er of said petition should not be granted, and
writ of mandamus issued as prayed for.
ANDREW r. G. SMITH.
STATE OF MAINE, County of Kennebec:
On the I'd day of December, 1879, person.
ally appeared the above named Andrew r.
G. Smith, and made oath that he has read the
foregoing petition. or heard it read and knows
the contents thereof, and that the same i.
true of his own knowledge, except the mat
tiers stated to be on his information and be-
lief, and that as to those matters, he believes
| them to be true.
Before me, JOSEPH BAKER,
Justice of the Peace
| SUPREME JUDICIAL CoURT,-OxFoRD Co.
| December Term, 1879.
Ordered, That notice of this petition be
given to Edward ii. Cove of Augusta, in the
County of Kennebec, by giving him in hant