Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1879-12-22

L
| oficers-the duty of examining and
comparing the lists OF votes given in the
several wards, OF which the city clerk
shall make n record, and return thereof
shall be made in the same manner as
selectmen of towns are required to do.
Such are the plain and unmistakable
provisions of the constitution OF this
/ State. and in the discharge of their duty
/ OF examing the returns and issuing cer-
/ tificates or summons to the parties APP
pearing to be elected, the Governor and
/ Council have not only endeavored to
follow both the letter and spirit OF the
constitution and laws made in accord
ance Herewith as indicated by their own
judgment, but the advice of their duly
appointed legal officer, aided by the best
legal talent in the State.
And here let il be remembered that
the decision of the Governor and Coun-
Gil is not final. The constitution makes
the Senate and House of Representa-
tiyes respectively the final arbitrat0rs OF
the election OF their own members. All
the lists or returns which have been
confided 10 the Council are to be laid
before the Senate and House of Repre-
sentatives on the first Wednesday of
January annually, and they shall finally
determine who are elected.
With these directions and require
ments before them, what is the Govern
or and Council required to do? To ex-
anime these returns, ascertain their
validity, and compare them with the
provisions of the Constitution and the
law. And first, they must have been
sealed in open town meeting, and in the
presence of the selectmen, and by neces-
sary implication must come into the
hands of the Governor and Council In
that condition. Secondly, they must
be genuine returns, coming from bona
fde towns or plantations legally con-
stituted and organized. Thirdly, they
must be signed by the legal officers of the
tOwns-that is, as decided by
the courts by a majority OF the
municipal officers OF town or city-and
certified by the clerk. FOurthly, they
must contain a statement OF the whole
number of ballots cast for the officers
voted for and the office for which he was
voted to fll. Filthy, the name of each
person voted for, with the number OF
votes against his name that we're thrown
for him. Sixthly, the names OF the otfi-
GERS signing the returns must be written
with their own hands (as per judicial de-
cisiOn, 6S Maine, page 5S7.) Applying
these rules to the various returns, a
tabulation of the persons voted for the
different offices with the votes each has
received, determines the result.
In the inspection of returns and tab
ulation of the same, which has just been
completed by myself and Council, it has
been our purpose to apply to every re-
turn the same rule-tO-wit: compliance
with the requirements of the Constitu-
ton and the law, without fear or favor;
and if the result as TO the political COM
plexiOn Of the Legislature is different
from what was claimed by politicians
interested IN influencing the elections IN
other States, it is owing in part to the
fact that the claim was unfounded, and
i'm part to the carelessness of municipal
officers in making their returns. The |
truth Is, the popular vote was against
the Republican party, and IN
the Representative and Senatorial
districts the vote was extremely close.
In addition 10 the fact that several per-
sons fail to receive their certificates in
consequence Of "fatal defects" in the re-
turns from their towns or cities, there
are others who would have been pre-
sumably elected but for the carelessness
of the voters themselves or the ignorance
of the candidates or those who provided
ballots at the elections. The Judges of
our Supreme Courts have decided that
ballots cast for William III. Smith and
". III. Smith are ballots to be counted
separately. Several changes have re-
suited from this condition OF affairs. In
one county persons with rs many as four
different combinations in initials re-
ceived the Republican vote and two the
Democratic. That county was entitled
TO only one Senator, and there was no
alternative but to give the certificate to
the person having the highest number
of votes. In the Danforth district, al
ready notorious, the name OF the Repub-
lican candidate was Charles A. Rolfe.
The town Of Danforth voted for Charles
ROlie. The result was that his cOmpeti-
tor received the certificate, and from like
causes other changes have occurred.
The great hue and cry about "con-
spiracy," fraud, etc, arises from the |
fact that we have taken the Constitution
for our guide, fortified by the opinions |
of the Supreme Court of the State and
the advice of several of the foremost |
legal gentlemen of the forum, and have |
not permitted substitution, alteration or |
unauthorized amendments OF the re-
turns transmitted to us for examination |
and by US to be transmitted to the Le-
gislature for their final action. In other |
words, we have not resolved ourselves |
into a Returning Board to investigate |
fraud, bribery, illegal proceedings at
the polls, and the thousand and one |
charges of corruption that are afloat, |
but have left this whole matter to |
the action of the Legislature, where
II properly belongs. The Governor and
Council have recognized the fact that
the people of Maine have adopted a |
Constitution and declared it to be the |
supreme law OF the State. They have
followed its requirements with fidelity
and impartiality, and when an intelli-
gent public have brushed away the
mists and false cOlorings which enraged
and discounted politicians have thrown
around our action, and the yituperation
and slander'that have,becn heaped upon
us hayes given place to reason and fair
investigation, any condemnation OF our
course, either by the Democracy OF the
nation or any fair.minded and honora-
be politicians of any party, will be ac-
knowledged with due submission.
ALONZo GARcELoN.
augusta, December 20, 1873.
Indignation Meeting in Bangor.
BANGOR, ME-, December 20.-The in