The Portland daily press., 1879-12-23
THE D FENSE.
A Weak Apology for g Scoun-
drelly Act.
ALoNzO GARCELON'S DEFENSE AT
THE BAR OF PUBLIC OPINION.
n, the Public.

To the Public:
Telegrams and suggestions having reached
the undersigned to the effect that Gov Garce-
lon and his Council owe to the Democracy of
the United States in particular, and the public
generally, q full, explicit explanation OF exactly
what they have done and why they did 1t, L
herewith submit for general information aeon
else statement of the constitutional require
ments in relation to elections of Senators and
Representatives in this State, and the action OF
the Governor and Council in the discharge OF
the duty imposed upon them by that lnStru-
ment and the statute laws in accord herewith:
The statutes regulate the mode OF the calling
OF meetings, but the Constitution prescribes
the qualifications of Representatives and de-
clares that the selectmen of towns or munich
pal officers Of cities shall preside impartially at
such meetings, receive the votes OF all the
qualified electors present, sort, count ana de-
clare them in open town meetings and i'll the
presence of the town clerk, who shall form
list of the persons voted for, with the number
of votes for each person against his name, ana
shall make fair record thereof IL presence OF
the selectmen and in open town meeting; and
fair copies Of the lists of voters shall be at
tested by the seleotmen and town clerks OF
towns and the assessors OF plantations and
sealed up in open town and plantation meet
ings, and the clerks of the several towns and
plantations are to cause the same to be dellv-
cred into office of the Secretary of State thirty
days at least before the first Wednesday of JAN
uary annually; and the Governor and Council
shall examine the returned copies OF such lists,
and twenty days before the first "Wednesday of
January shall ssne q summons to such persons
as shall appear to be elected by a plurality OF
all the votes returned, to attend and take their
seats.
WHAT THE STATUTES REQUIRE.
So much for the Constitution. Supplem en-
tary to this the statutes provide (chapter T. sec.
ton 32) that in order to determine the result OF
any election by ballot, the number OF persons
II, Ia ai,nn1 hVro oOun inc
the whole number of separate ballots given in,
which shall be distinctly stated. recorded and
returned. Blanks are not to be counted as
votes, and votes for persons not eligible to the
office shall not be counted as votes, but the
number of such blanks and the number and
names on ballots for persons not eligible shall
be recorded, and returns made thereof. These
provisions of the Constitution and the laws ap-
ply to cities as well as towns and plantations,
and impose upon them-that is, the municipal
officers the duty of examining and comparing
the lists of votes given in the several wards, OF
which the city clerk shall make a record, and
return thereof shall be made in the same man.
ner as selectmen of towns are required to do.
Such are the plain and unmistakable provis-
lens of the Constitution of this State, and in
the discharge Of their duty of examining the
returns and issuing certificates or summons to
the parties appearing to be elected, the Govern
OF and Council have not only endeavored to
follow both the letter and spirit OF the Consti-
tuition and laws made in accordance 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 it be remembered that the de-
cision of the Governor and Council is not final.
The Constitution makes the Senate and House
of Representatives respectively the final ar
biters of the election of their own members.
All the lists or returns which have been con-
fided to the Council are to be laid before the
Senate and House OF Representatives on the
first Wednesday of January, annually, and
they shall finally determine who are elected.
DUTY OF THE GOVERNOR AND COUNCIL.
With these directions and requirements be-
fore them, what is the Governor and Council
required to do? To examine those returns, as
certain 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 presence OF the Select
men, and by necessary implication must come
into the hands of the Governor and Council in
that condition. Secondly, they must be genu-
inc returns, coming from bona fide towns or
plantations legally constituted and organized.
Thirdly they must be signed by the legal GILL
GERS of the towns-that is, as decided by the
courts, by a majority of the municipal officers
of a town or city-and certified by the clerk.
Fourthly, they must contain statement OF
the whole number of ballots cast for the officers
voted for and the office for which he was voted
to fill. Filthy, the name OF each person voted
for with the number of votes against his name
that were thrown for him. Sixthly, the names
of the officers signing the returns must be writ
ten with their own hands (as per judicial de
csion, 68 Maine, page 5S7) Applying these
rules to the various returns, tabuation of
the persons voted for the different offices with
the votes each has received determines the re-
suit. In the inspection OF returns and tabula-
ton of the same, which has been completed by
myself and Council, it has been our purpose to
apply to every return the same rule, to wit:
Compliance with the requirements of the Con-
sttution and the law, without fear or favor;
and if the result as to the political complexion
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