Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1879-12-04
THE COUNTING OUT
CONSPIRACY.
Feeble Reply of the Executive Council to
the Republican Protest - Councillor
FOgg Taken to Task by Mr. Wing.

other towns left for home yesterday. The
events of interest yesterday are found in the
bold challenge made to the Governor and
Council, copy Of which will be found else
where in our columns this morning; also a
feeble attempt at a reply to the republican
protest by the Council, and sharp letter of
Mr.. Wing of Auburn to Councillor Fogg,
both Of which are found below.
Weak and Contemplate Reply Of the Ex-
ecutive Council.
To the Gorernor and Council:
The committee to which was referred the
protest received from Messrs. Nahum Il. Hill,
Andrew II. G. Smith, John l.. Cutler and
Guy G.. Goss, have had the same under con-
sideratien and have the honor to submit the
following report.
Your committee find that said protest con-
tains several very important misstatements.
Neither Mr. Cutler nor Mr.. Goss has ever
made to the Governor, the Council, or any
member thereof, any request to inspect
any of the election returns. and we can see
no reason why they should claim that rights
have been denied to them which they have
never asked for
We find that the committee on election re-
turns were in session in the Council Chamber
on Monday evening last, and Messrs. Wing
and Savage, attorneys from Androscoggin
county, had an opportunity before said com
mttee to examine the returns for county Off
GERS for that county. When they had COM
pletcd the inspection of those returns, the us
ual time for adjournment had arrived. They
then expressed desire to inspect the returns
from their county, for Senators and Represen-
tatives. Their attention WAS called to the
lateness of the hour and the committee in
formed them that the Governor and sever
al members of the Council were absent, they
did not feel at liberty to grant the request at
that time, but that the subject would be laid
before the Council the next morning No
promise was made to them that they should
inspect said returns the next morning. as is
stated in said protest. 1t had not then been
determined in what order the canvassing
should proceed At a meeting of the Gov
ernor and Council on Tuesday morning it was
determined to proceed first to an inspection of
the returns for county officers, and the parties
in waiting were so informed. The examination
of the returns for county officers was begun and
continued, uninterruptedly, till nearly noon,
the returns of their counties having been exam
ined At this point Messrs. Wing and Savage
sent in to the Governor notice that they desir-
ed to be admitted to the Council Chamber for
some purpose. The examination of the coun-
ty returns was suspended and they were adj
mitted. These gentlemen expressed de-
sire to examine the returns for Seniors and
Representatives from their county for the
purpose of correcting errors therein. The
Governor asked them what errors they ex-
pected to find in the returns which could be
corrected. They specified them. The Gov
ernor then requested them to retire while the
council would consider their request. The
answer to this request was written down by
the Governor and the parties were admitted
to the chamber, when the Governor read to
them the following: ''The Council unani-
mously respond that as at present advised,
the constitution does not provide for such
alterations"
This was all the answer given them. No
statement like that quoted in the protest was
made After this answer was given them
they were informed that if they, as lawyers,
did not concur in the conclusion announced
they should have an opportunity to be heard
thereon as soon as the inspection of county
returns should be completed, which they were
| informed would probably consume that day
and a part of Wednesday. At their request
a time was fixed upon when they could be
heard on certain corrections which they had
found necessary to have made in their county
returns. Theis is all that occurred between
these gentlemen and the Executive Depart
ment, or any members thereof No examna-
ton of the returns except as above specified
was asked for by them and the only answer
given them was the one before mentioned
In the afternoon of Tuesday the examination
of the returns for county officers was re.
sumed and continued till nearly dark, at
which time, while the aforesaid examination
was proceeding, demands signed by Messrs.
Hill and Smith were placed in the hands Of
Mr.. Moody, chairman of the committee.
| These demands called for the privilege of
inspecting the Senatorial returns for their
respective counties Immediately" The
Governor, and Mr.. Foster, chairman of the
board, were absent at the Insane Hospital,
where they were detained by important bust
ness in connection with the trustees of that
institution. The committee with which these
demands were left, informed through the
chairman: Mr.. Moody, the parties preferring
said requests, that the committee did not feel
at liberty to give a reply, but that their re-
quest should be laid before the Council in
the morning.
| Two members of the committee soon after
met Mr.. Hill at his hotel. They assured
him that all his rights should be protected.
He replied that he had no anxiety about the
matter for himself He further remarked
that he supposed the reason of his being sent
for was because he lived on the line of the
railroad and could get here easily. He then
alluded to the law of 1877, and during the
conversation he remarked that a large ma
joritv of his political friends were of the
opinion that said law was unconstitutional so
far as it undertook to affect the canvassing OF
the returns for senators and representatives
Mr.. Moody and the other senator's of the COM