Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1879-12-22
WHY GARCELON DID 1T.
HIS CHIEF ADVISER EXPLAINS The
MAINE COUNTING OUT.
Republican Preeedents Followed to the Let
ter-The Constitutional Mandates
which Made the throwing
Out Of Incorrect Re-
turns Necessary.

CHioAGo, December 20.-The Daily
Nqrs pr blishes the following telegraphic
letter fro,a Hon. f. f. Pillsbury, a
prominent Democrat of Maine, and a
Senatorial aspirant:
AUGUSTA, ME., december Is.
"The apparent Republican majority
for members Of the Legislature was
occasioned by wholesale and systematic
bribery, bulldozing and fraud. There
was popular majority for Governor in
opposition to the Republicans. In
many districts giving Fusion majority
for Governor, the Republicans succeed
ell in getting majority of the members
of the Legislature by trickery and other
frauds.
"The Governor and Council have not,
however, based their action upon these
frauds in any instance not having Juris-
dictiOn; but they have strictly followed
the constitution and thrown out such
returns as were fatally defective.
whether Republican or Democratic. In
some counties more Democratic than
Republican returns have been thus re-
iected. Republicans have been in the
habit for years of secretly returning de-
fective Republican returns 10 the cOun-
ty officers for correction, but took adj
vantage of defects in Democratic re-
turns. During twenty-three years OF
Republican rule they have never lost
an officer by means of such defects,
while Democrats have lost more or
less nearly every year. This has
served 20 make Democratic town
officers more careful and Republicans
more careless. The present Governor
and Council have held the Republicans
10 the strict letter of the Constitution
and the laws, and the result IS an anti
Republican majority in both branches
OF the Legislature. They have in no
case travelled outside of precedents es-
tablished by the Republicans them
selves, and in most OF the cases their ac-
ton was based on opinions given by
Judges OF the Supreme Court. For in
stance, the judges gave an opinion in
1878 that the Governor and Council
could not cOun. votes returned for VIII
liam III. Saith and w. III. Smith for the
same office as having been given for one
and the same person. Applying the rule
this year changes the result in a large
number of legislative seats. In 1877 the
Judges gave an opinion that returns
could not be counted when the sigma
lures of officers were written by other
hands than their own. Several cases OF
this character were found this year. In
the same opinion the judges decided
that returns could not be counted
where the town clerk had failed to at
test them. This rule changes several
cases also. The returns from the city
of Portland were fatally defective in not
complying with the constitution in CIV
ing the names Of persons voted !
for with the number OF votes |
against each name. Some 100 votes |
were returned as scattering. This |
changes the result OF the three Senate |
seats, and leaves five vacancies in the
House. In the cities OF Lewiston, SacO,
Bath and ROckland the returns were
signed by a minority of the aldermen.
The law requires the whole number OF
ballots to be given in the returns. and
there are abundant Republican prece-
dents for rejecting them where they fail
in that respect So, too, where there
are material differences between the
whole number Of ballots and votes. Sew
eral changes have resulted from these
defects. In all doubtful cases the Gov
ernOr and Council consulted eminent
counsel before coming 10 a conclusion,
and in every instance the action oil the
board was unanimous"
r. r ptIISBURY