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

or power to act independently thereof and he
therefore respectfully submits that he ought
not to be held to answer said petition.
Without waving his protest aforesaid, the
Respondent for answer says
1. That he has no knowledge, information,
or belief whether the Petitioner, was candi-
date, and fairly elected to the Senate of the
State, or whether the same appears by the Of
fetal returns from the several cities and towns
in the district and county of Lincoln as he al
leges in said petition.
9. To so much of said petition as alleges
the belief of the Petitioner that the Govern
or and Council are intending and attempting
to reject some of the returns and deprive him
of his office by illegal and improper means,
the Respondent takes exception as imperti-
nent and scandalous, and prays that the same
may be stricken from the petition.
3. That he admits that on the 18th day of
November, 1879, the Committee on the part
of the Council appointed to received the re-
turns on file in the Office of Secretary of
State, and proceed to open and tabulate the
same as soon as convenient in accordance
with the vote passed by the Council, October
80, 1879. as follows. viz:
IN COUNCIL, Thursday, Oct. 30, 1879.
On motion of Councillor Chase. Council
lors Foster and Brown were added to the
Committee on Elections, and said committee
was instructed to receive returns on file in
the office of Secretary of State, and proceed
to open and tabulate the same as soon as con-
venient
Attest: p. A. SAWYER,
Deputy Secretary of State.
Made report as follows, viz
STATE OF MAINE, Council CHAMBER,
Augusta, Nov. II, 1879.
The Committee on Election Returns, to
whom were committed the Election Returns
at the last session of the Council respectfully
report; That on the 3lst day of October they
received from the Secretary of State the
Election Returns for Senators and Represent
tives to the legislature and County Officers.
and they proceeded to open the same and tab
ulate them, and now submit the Tabulation
Of said returns.
And the committee recommend that the
twenty days spoken of in chapter 2l2 of the
Laws of 1877 be considered as commencing
at the date of this report.
Respectfully submitted.
+. c. MooDY, Chairman.
In Council, Nov. IL, 1879.
Read and accepted by the Council, and by
the Governor approved.
Attest: p. A. SAWYER,
Deputy Secretary Of State.
Which was accepted by the Governor and
Council; and he says that he has no kn0wl-
edge of any vote passed by the Governor and
Council respecting the same on the said 18th
day of November, but admits that on the 22d
day of November, 1879, an order was passed
relating to the same, as follows, viz;
In Council, Nov. 22, 1879.
Ordered, That the Secretary give public
notice that the Governor and Council will be
in session from December lst to 18th, for the
purpose Of examining the official returns of
votes for candidates for Senators, Represent
atives and County Officers.
Candidates claiming irregularities or other
causes presumed to vitiate their election will
have reasonable opportunity to be heard either
personally or by duly authorized counsel
Read and accepted by the Council and by
the Governor approved.
Attest: p. A. SAWYER.
Deputy Secretary of State.
4. That the Respondent has no knowledge,
information or belief that said Committee has
at any time made Report to the Governor
and Council, submitting said returns to them,
and he saws that the only report of which he
has knowledge is the one before set forth, in
which the tabulation of said returns by the
Committee only was submitted; and he de-
nv" s'',S - Va 80
other method SAID returns nave been spread
upon the records OF the Governor and Coun-
Gil, and thereby became pubic property and
open to the Petitioner, otherwise than by the
order or PERMISSION OF the Governor and
Councli IN the exercise Oh thelr discretion' on
application duly made TO them.
5. That he admits that on the second day
OF December, 1873, the fetitioner made re-
quest to him In writing as follows VIZ;
tn tx. Honorobie Secretarv of Stat,of MIME.
The undersigned resnectfillv represents
that he was = candidate for the Of
Maine Mt The last animal Sentember election
from the district and county of
That as su.b he has an interest in the official
re,nrns of vote, cast in the several cities
town. and nlantation. in said district and
forwarded 70 the office of Secretary Of State
and fearing that there NAV he defects and in.
formalt;es in the ,amc that can h. corrected
According 70 the laws of the state reouests
thai no NAV have An onnertup;tv ;mmsa;ate-
iv in the Office of the Secretary of state or
in his nresence 70 examine said returns nv
himself or counsel for the nurnose of corroct.