Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1879-12-12
THE COUNTING OUT
CONSPIRACY.

Cities to he Counted Out and Deprived Of
Representa- acknowledgements Irregu-
larities-Charles II. Rounds Before the
Governor and COuncil-The Town OF
Benton-ForcibIe Letter from u CUM
| berlamd Standardized.
The Maine Standard, the democratic organ
of the State government, announced yester-
day, in a semi-oilicial tone, that the returns
from Portland, Lewiston, Saco, Augusta,
Hallowell, Bath and Rockland, for represen-
tatives, all have some technical defect, and
that the Governor and Council will reject
them all. These cities elected fifteen repub-
lican representatives. The most common
defect alleged is that the returns were signed
by three Aldermen instead of four. In Port
land the defect was in using the word "scat-
tering'. The law of 1877, as well as the
preceding practice, allowed technical defect
of this kind to be corrected, but the Governor
and Council set the law aside as unconstitu-
tional and declare that the errors cannot be
amended and consequently these cities Will
be deprived of representation. Belfast is also
understood to be among the DISTINGUISHED
cities on the ground that DR.. Brooks, repre-
sentative-elect is an examining surgeon Of
pensions, and is thus ineligible. The law
expressly prohibits the Governor and Coun-
ell taking into account the question of eligi-
bility in the case of senators and representa-
tives, but it is understood that the Governor
and Council adjudge this law also to be UNI
constitutional and therefore not to be obeyed.
| The town of Benton, Kennebec county, is
included among those where proof is offered
that the returns were clandestnely changed
| in order to save democratic representative
in the Clinton district. The proof is all be-
ing prepared for use in case the Governor and
Council order an investigation Of the charges
made by Mr.. Rounds. On that point no au-
thentic information is at hand.
Charles b. Rounds, Esq, who made the
charge of illegal amendment of returns, was
before the Governor and Council, yesterday,
in reference to the returns for county officers
of Washington county, Mr.. Rounds being
candidate for reelection as County Attorney.
A somewhat angry colloquy ensued between
the Governor and Mr.. Rounds, in regard to
the charges. Mr.. Rounds stated that he had
come there to inspect the returns for county
officers, by specific appointment, and that he
would be ready in regard to the charges pre-
ferred by him, whenever the Governor and
Council would order the investigation for
which he had asked.
Hon. Andrew Halves having been refused
the privilege of correcting informalities in
the returns from Cumberland county, adj
dressed the following communication to the
Governor and Council yesterday:
To the Honorable the Governor and Coun-
Gil Of the State of Maine:
Your petitioner respectfully represents that
he was candidate for, and was duly elected
a senator from the county of Cumberland, to
the 18th legislature of Maine
That he is informed and believes that there
are certain errors defects and informalities
in the official returns of votes from said
Cumberland county which an express statute
of this State, public laws of 1877, chap. PIP,
gives him the right to correct by the official
records, certified copies of which he has pro-
cured and now holds for that purpose.
That he is also informed that your Honorable
Board decline to allow any such corrections
to be made OH the ground that the statute
aforesaid is unconstitutional, as applied to
the election of senator's and representatives.
That the time within which such correction
can be made will expire with the 18th inst,
when the certificates of election must be
issued.
That there is no legal method open to him
in which he can obtain the opinion of the
Supreme Court Of this State upon the con-
stitutionality of the law aforesaid before that
time, but that the Governor and Council, or
either of them. can require the opinion of
the Supreme Court upon that point at once
by provision of the constitution, art. 6, sec.
3, watch reads as follws
They (the Justices of the Supreme
Court ''shall be obliged to give their opin-
ion upon important questions of law, and
upon solemn occasions, when required by the
Governor, Council, Senate, or House of
Representatives"
Wherefore your petitioner prays that the
opinion of the Justices of the Supreme Ju-
dicial Court of the State whether the whole
or any part Of the statute of 1877, chap. PIP,
is unconstitutional and if any part. what
part, may be at once required and obtained
by one or both branches of your Honorable
Body. ANDREW HAYES,
Senator-elect from Cumberland county
Augusta, Dec. IL, 1879.