Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1879-12-29

occupied the executive chair, and we found
more of these defects which are now styled
fatal" in returns from the towns which last
fall gave fusion maiorities than in republican
towns. | notice it suggested as an explena-
ton for this remarkable state OF the returns,
that previous to election the fusion managers
warned their clerks to be careful in making
returns, and that this warning saved them
from errors. But this explanation is set
aside by the statement of the Governor that
the usual percentage of errors are found even
now in fusion returns, but always at points
where they do not lose them senator or
representative. Even where fusion records
are wrong, the returns at vital points come
out generally correct As no one could have
known before election what returns would be
vital, how does 1t happen that those which
were essential to particular result should
turn out all right, while scores of Others
were fatally defective?
The republicans universally believe that
the fusion returns at vital points were surrep-
titiously put in order either during the five
weeks in which it is confessed the returns
were opened or previously; and that it was
for the purpose of bringing this about the re-
turns we're illegally withheld, as they never
were before, from the opposite party More
than this G.. B. Rounds esq, attorney for
Washington county, offered to prove, if the
Governor and Council would order an invest
igation, that corrected fusion returns at vital
points had been surreptitiously made out, on
information that must have been furnished
from the State House, and forwarded to Au-
gusta, but no notice was taken of the offer,
Notwithstanding the changes vitality affected
the canvass then going on.
g The trhoiesaie counting ont shors that
the lac ras twisfed rith a rier of hgaIf-
ing rather than carrying out the rerdtet at
the polls. Indeed, it is claimed by the gcv-
ernor as Jacksonan virtue that he has APP
piled the techncalities of the law with a
strictness never before known, and set an ex-
ample which eutitles him to be styled the de-
fender of the constitution. 1t is indeed true
that the almost uniform rule of previous ex-
ecutives, from Gov. King who presided over
the convention that framed our constitution,
to Cows Morrill,, Washburn, Chamberlain,
&C., has been to literally construe the laws
regulating the canvass of returns, so as to give
effect to the peoples will. The technicaities
of law have not been used TO entrap voters
Where the law admitted of II possible con-
struction in favor of the voter, it has been so
construed; and in cases of doubt, the Govern
or has always asked the Supreme Court for
an opinion. For ffty-nine years the party
which triumphed at the polls in the election
of legislature, has never had any doubt that
the votes would be counted so as to give ex-
preston to the popular will. Last year, in
deed, when the republicans had the Senate
and large plurality Of the popular vote, and
a change of six members would have given
them majority Of the House. republican
Governor and Council promptly carried out
the will of the people, Notwithstanding there
were as many defects in returns as there are
this year. They then, for example, certiti-
Gated four republican representatives from
Portland on a return precisely the same as
one which is this year declared ''fatally de-
fective," in order to count out five republic
cans.
3. The Gore,nor and Council conducted
their eanrass nth the apparent purpose of
counting ont republicans, and eonntiny ia
fusionists. Republicans were refused access
to the returns for five weeks, allowed to see
them only four days before the canvass was
concluded; when the uniform practice here
tofore has been to exhibit the returns to all
interested from the moment they opened. At
the same time, it is evident that fisionists
were made acquainted with ANYTHING it was
necessary for them to know. No return was
ever before rejected without notice and a
hearing to parties interested. This year no
notice has been given no information has
been furnished as to defects in returns; and
no hearings given except in four or five cases
where parties interested accidentally learned
that their returns were liable to be thrown
out. Rules have been laid down with view
of counting out republicans and saving flu
sionists, after a careful study of the returns.
More than this-returns have been rejected
after parties interested had been assured they
were all all right. as in the cases of Lisbon
and Webster. No republican could ascer
tain beforehand what facts were needed to
lay before the council to meet secret charges
on which their returns were threatened. The
consequence is that republican returns have
been rejected il many towns. on allegations
which are untrue, and which have since been
disprOved And now the monstrous position
is assumed by members of the council that
even in cases where it is proved and admit
ted that republicans were wrongfully counted
out, it is too late to correct their uni ust ac
ton.
4. Republicans hare been counted out on
alleged defects, and fusionists counted in
rhere the same defects eristed in their re-
turns. For example, Jay is counted out to
secure a fusion representative on the claim
that her record was not made up in open town
meeting, Ga matter into which the Governor
and Council have no right to inquire, but fu-
sion Buckfed is counted in to secure flu
sion representative, notwithstanding her rec
ord was made up in the same manner In the
Ashland district, John Burnham (rep.) is
counted out because the return of "A republic
can town in the district spelled his name
Burnam; and Alfred Cushman (dem.) is
counted in by giving him the vote of town
whose return is for Afford Cushman. Ger
tainly Burnam is much nearer Burnham than
Afford is Alfred.
8. The constitution has been ignored to de-
feat good return and inroked TO p1erent
the correction Of an alleged defeetire return.
For example, Pennington and several other
republican towns have been thrown out on the
ground that their returns did not correctly
state the whole number of ballots as required
by statute, Ga charge untrue as to Farming
ton, notwithstanding the constitution does
not require the whole number of ballots to be
returned at all. And to prevent any amend
ment of simple statute requirement in re-
turn, the constitution is construed to prohib-
it correction.
6. large proportion Of the defects under
whtch republicans hare been counted out nere
amendabie under the constitution, wifhom re-
gard to the statutes For example, the
omission of one name in the signatures of the
aldermen of Lewiston Rath Saco and Rock