Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1879-12-27
The SkOwhegan Case.

The SkOwhegan Case.
The Governor and Council threw ont the
returns of Skowhegan because they say there
were distinguishing marks upon the ballots.
To understand what gross injustice, and a
palpable violation of law this action is we
have only to look at the Statute of the State
and decision of the court in relation thereto.
The whole law relating to Distinguishing
marks on ballots is in the Revised Statutes.
The Constitution is silent on this matter and
makes but one provision as to ballots, and
that is in Art. III. Sec. !, where it says ''and
the elections shall be by rriHen ballot" In
answer to questions by the House of Repre-
sentatives the Supreme Court in the 9TH Me.
Rep, page 1872 say that printed ballots come
within the meaning of this clause and are le-
gal ballots.
Now X. S., Chap. AS, See. 50, under which
the Governor and Council claim to act, is
this: "No ballot shall be received at any
election of State or town officers, unless in
writing or printing upon clean white paper,
without any distinguishing marx or figures
thereon, besides the name of the persons vot-
ed for and the Offices to be filled, but no vote
shall be rejected on this account after it is
received into the ballot box" Can any
language be palmer. Can it be honestly
miscOnstrued; cannot every one see that it
means something on the ballot, distinguish
ing 'smarks or figures thereon" and this
followed by the language, 'besides the
name of the person voted for and the Off
ces to be filed" The name of the person
and the Office are printed on the ballot, and
the law prohibits any marks or figures
"besides" these.
| Surprising we offer this for the construc-
ton of the Governor and Council: ''Let
timber be pulled down from his house, and
being set up, let him be hanged thereon 4"
Does any one think they would be able to
miscenstrue or misapprehend the force of
the language? Would they say thereon"
in this connection does not mean that we
shall hang him thereon, but it relates to the
shape in (Which the timbers are set up"
Where is anything said about the shape of
ballot or the way in which the names shall
be printed! Everyone knows who has Wis
tied the polls on election days, that the bal
lots of the different parties are easily distin-
guished. They are not Of the same size or
shape, and are not the same type. Who
has ever established any fc If ballot
Are the mOngrel opposition =. the several
towns Of this State to have their ballots
printed as they please and then say if your
ballots do not confirm to ours we will throw
them out. There is just as much
reason and common sense in saying that the
opposition ballots in Skowhegan had distin-
gushing marks upon them because they were
net like the republicans, as in saying that the
republicans had because they were not like
the opposition. The law is too plain for ar
gument. No intelligent man could err in its
construction, and no honest man would refuse
to execute its plain mandates. 1t took the
our present Governor and Council to pervert
and override its plain dictates. Then one
step further the same section which prohibits
these distinguishing marks, also saws, "but
no vote shall be rejected on this account, af-
ter it is received into the ballot box" Is
there any one that cannot understand that law !?
And by See. 55 Of the same chapter a penalty
is imposed upon Selectmen for wifully re-
ceiving vote contrary to this Statute. The
town officers are made the judges in the mat
ter and when they receive ballot that is
final, and the vote cannot be rejected after
wards, and the rejection by the Governor and
Council in this case was a clear usurpation of
power and gross violation of law. In Judge
Cuttings answer to question by the Governor,
"a Me. p. Cos, he says the section cited was
enacted with the view of ''making the presid-
ing officers of the town the judges of what
constituted distinguishing mark" but if
such vote be cast without objection by the
Officers having jurisdiction over the sub
ject matter, no power is conferred by the
statute on the Governor and Council. to say
that such vote shall be rejected" Is that
plainF Can any one be mistaken as to what
the law is upon that point. 1t Vas necessary
IN order to make sure of majority of the
House, that the republican vote of Skowhegan
should be counted out, and so it was done
And now they boast Of it. defy any one to
produce the opinion of any q won't saw emu
nenf counsel, but respectable counsei) who
will say there is any warrant in the court
statute, justice, honesty or decency for this
action. INQUEST.
One popularity of the Bangor outbreak
was that there was no opposition. Evil
IDENTIFY there is but one mind in that city
in regard to the contingent outrage, and
but one sentiment in regard to the remov-
al Of the arms from the arsenal-that of
opposition. The Governor and Council
have no support among the masses of the
people worth mentioning.