The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1879-11-27
The Governor and the Constitu-
ton,

The present snarl at Augusta may be easily
unraveled by glance at the Constitu ion of
Maine, which the Governor and Council pro-
less to intend to follow so closely. Act IV'
Part 1. Sect 5. says that for the election OF
Representative "The selectmen shall receive
the votes of al the GU lifted electors present,
sort, count and declare them in open town
meeting aud in the presence If the town clerk,
who shall form q list Of all the persons voted
for with the number Of votes for each person
against his name; shall make fair record
thereof in the presence of the selectmen and in
open town mee,ing, and fair copy of this
list shall be attested by the selectmen and
town clerk and delivered by said selectmen to
each Representative within ten days next after
such election; and the clerks of
towns and plantations respectively shall seal
up copies of all such lists and cause them to be
delivered into the Secretary's office twenty
days at least before the first Wednesday in
January annually"
Part II Provides for the election of Senators
in the same manner causing the list to be de-
livered ''into the Secreta1y's office thirty days
at least before the first Wednesday in JAN
uary."
Act ", Part 2, Sect. 4: The Governor and
Council shall as soon as may be examine the
returned copies of such lists, and twenty days
before the said first Wednesday in January
issue summons to such persons as shall ap-
pear to be elected by majority of the votes in
each district to attend that day and take their
seats.
Sect. 8: The Senate shall on the first
Wednesday of January annually determine
who are elected by majority of votes to be
Senator'S in each district.
Act ", Part 8, Sect. 3: Each house shall
be the Judge of the elections and qualifications
of it's own members.
Act 3, Sect.1: The powers OF this Govern
ment shall be divided into three distinct de-
partment: Legislative, Executive and Judi
cial.
Act 8, Sect. 2. No person or persons belong
ing to one OF these departments shall exercise
any of the powers properly belonging to either
of the others, except in the cases herein ex-
pressly directed or permit ed.
Amendment TX referring to summons or
members of the House, says: "And the Gov
ernor and Council shall examine the returned
copies of such lists" (attested by the selectmen
md town clerks), "and also all lists OF votes
of citizens in the military service returned TO
laws before the first Wednesday Of January
annually shall issue a summons to such per-
sons as shall appear TO be elected by plurality
Of all the votes returned to attend and take
their seats. But all such lists shall be laid be-
fore the House of Representatives on the first
Wednesday annually, and they shall finally
determine who are elected"
Several points require notice in these pro-
visions:
l. The lists furnished by town clerks to the
Secretary of State constitute the only constitn-
tional information of the Governor and Coun-
Gil concerning elections.
2. The Governor and Council are positively
required by the Constitution to summon such
senators and Representatives as appear to be
20 be elected by these lists, and these are to
take their seats.
s. The Governor and Council are positively
forbidden to determine who are elected, the
Constitution reserving that power to the Sem
ate and House.
4. Those who appear to be elected by the
lists of the town clerks constitute each house
for the purposeo of Judging OF the validity OF
Zach election. No others can be counted IN
and none of these can be counted out by the
| Governor and Council without violating the
Constitution.
5. Summons issued to other parties for
| the purpose of changing the political COM
| plexion Of either house IN Judging of contested
| cases are evidences of attempts at robbery and
| square stealing.
g. Certificates issued to members elect by
| town clerks are not annulled by the holders
not being notified, By others being notified
| who have no certificates of election
7. Governors attempting such frauds are
| liable to impeachment and removal from Office
s. The Supreme Court would probably give
| seats to such as appear to be elected, even II
| counted out by fraud, as the Supreme Court is
not Judge of who are elected, by the Consti-
| tuition any more than the Governor and Coun-
| Ill.
| g. Attempts at fraud will hardly succeed ex-
| cept to show the dishonesty OF those who at
| tempt it. CONSTITUTION.