The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1879-12-04
REPUBLICANS OFFER TO PROVE AL.
TERATIONS IN THE RETURNS.
The Councils Reply to the Republican
Protest.
rSpecial Despatch to the Press. |

carving full compliments. Before they left
however, your correspondent endeayored to as
certain, as near"as possible, the state Of feeling
among them and their views as far as possible
on the situation.
The fact that no one knows exactly, or il
general what the Council. propose doing, gives
feeling of uncertainty. There is a genera
impression, caused in most cases by the action
of the Executive Council in Withholding the
returns, that something unusual is to be done
If there were not the Republicans would moi
be SO zealously kept from examining the Off
cial records If everything concerning the re-
turns was all straight, if there has been no cor
rupt manipulation of them for partisan pur
poses, why do the Council not throw them
open to public inspection and so allay all sus
picions? This in general is the feeling, which
is more or less modified according to the
temperaments of different people. For instance
high-strung men at once conclude that the
Council propose to do their best or worst and
count out the majorities in both the Senate
and House, and base their line of action and
speech accordingly, while at the other extreme
men like, SAY, Gen.Jas. A. Hall of Damariscotta
think that whatever may be the outward APP
pearance now, when the time for taking the
final and fatal (Which a wholesale counting out
would undeniably beg step comes they will
any official act
1t is moreover the opinion among some OF
the more moderate Republicans that the pub.
fishing of the protest of Senator Hill and
others was slightly premature it should
not have been given to the press before it was
presented to the Council. Others claim thai
there is nothing to hope from that body, that
by their action they have forfeited all claim to
the respect of decent men, and that the only
resource for the Republicans is an appeal to
the people. All argue that the protest is a
masterful presentation of the Republican posi-
ton and that it cannot fail to have q healthy
effect.
In regard to the proposed judicial proceed.
ings find but few among the legal profession
who have any faith in writ Of mandamus.
Those who are strongest in its favor are those
who have not made the law profession but
who have became accustomed to look at the
courts as the only place where justice may be
obtained. A sentiment is now gaining ground
bldG IHe llOSb cltcCblNc VI pIOCC6uuIC
is not by writ of mandamus against the Gov
ernor and Council, even if such an instrument
DO obtai,rubio, wiricn nary dveIst. Iot une
Governor and Council go ahead and issue the
certificates Then if they have worked any
injustice to any persons legal proceedings may
be brought to bear upon individual members to
restrain them from exercising the functions OF
legislators if they hold their certificates in the
face of the fact that the majority of votes was
cast for another person. These are few of
the opinions expressed. One ex-President of
the Senate expressed the opinion that the
Council possessed arbitrary power to count the
returns as they please, that an application for
a mandamus is an ill-advised proceeding, and
that failure to obtain one would be great
disadvantage, and a prominent U. S. official
characterized the proposed proceedings before
the court as can abortion"
But with all these differing opinions regard
ing details, the Republicans are unanimous in
the opinion that for the Council to perform the
threatened act would be a disgrace, not only
upon the Executive Department, but the state,
an outrage upon the eople-and--excellent
campaign material for the Republicans next
summer. The party which would perpetrate
or sanction such an outrage would deserve
not only defeat but annihilation
In order to get at both sides of the question,
the Republican position having beensso clearly
defined in the protest of Senators-elect Hill
and Smith, and Representatives-elect Cutler
and Goss, your correspondent sought an in
terview this morning with Councillor Brown.
81 fol 1pfinnd the
position of the Council about as follows: The
trouble with the Republicans, he said, is that
they have gone entirely upon assumptions
without regard to our official action We
have never officially stated that the returns
would he exhibited. We stated that we
should be in session for the purpose of hear
ing arguments on evidence concerning any
alleged irregularities Moreover we have
never said that the returns would not be
shown for any proper purpose and we could
now without any inconsistency, pass an order
one. Personally the sentiment among mem
bers of the Council is to show the returns to all
corners as an act of courtesy-I do not think
we are required by the laws to do se-and had
we been treated with courtesy by the Republic
cans have no doubt we should have done SO.
But we have been constantly abused, called
everything but honest men. They have fol-
lowed and bounded US every day and then
abuse grows hotter instead of becoming more
mild This has been entirely nncailed for.
We have never said anything in relation to
this matter except that we propose to
strictly follow the constitution and the law as
we are bound by our oaths to do And that l
suppose is what the Republicans ale afraid OF.
Moreover the entire action of the Republicans
has been threatening and insinuating that we
are set of rascals who require watching.
After having insulted and abused us constant
v for weeks, the Republicans can hardly ex-
pect us to go far out of our way to show them
courtesy.
"Mr Brown" said your correspondent, did
not your order granting hearing to those
claiming Irregularities carry with it necessarily
permission to examine the returns. How can
a person argue against an irregularity in an
instrument which he has never SEEM"
az do not think so,'' was was the reply.
sThere is more than one kind of irregularity
and Republicans, or those who claim they
have been elected are not the only persons
who may claim Irregularities in the returns or
causes which may vitiate an election. For in
stance surprising we receive return from
the Secretary of State and accompanying it is
a protest that the returns was not made up
in open town meeting or that the selectmen
were not present when the return was made
up and the names appended. Such protest
we must take cognizance of for IL strikes al
the validity of the whole return. If the
return as not made as prescribed by law,
then it is of no more value than any other
piece of paper which might be before u.s."
"Have you received such protests?"
"We have" was the reply.
"And you propose to consider them in
determining whether to count or reject a return?
81 don't see but we must"
After receiving this significant hint your
correspondent returned to the subject of ire
gularities in the returns.
"Why did you not ALLOW Messrs. Wing and
Savage to inspect the returns for Senators and
Representatives from Androscoggin county,
Because when we asked them for wha1
purpose they wished to see them they replied