The Portland daily press., 1879-11-19

of State to the co ununcations OF Messls
Locke and Harris, another effort was made by
the attorneys, MesSrs. Baker & Baker, who
addressed communication to the Governor
and Council late in the afternoon The com
munieation was carried to the State House by
the Junior member of the firm Mr.. Orvile d.
Baker, who, on reaching the ante chamber,
sent message that he wished to be admitted
to the Council chamber for a period not ex-
ceeding "three minutes Word was sent out
that they would hear him for just that time.
He was admitted and read to them and left for
file the following
To the Honorable the Governor and Council Of
the State Of Maine:
As your honorable body have passed an
order declaring that the twenty days in which
application for correction of election returns is
allowed by the statute should begin to run
from the 18th inst. we have the honor to re-
quest as counsel for certain Senators and Rep
resentatives elect, whose names we have
already filed with you, that you viii advise us
when we orCu ellen may examine the returns
in your presence or in the presence of any
committee of vour honorable body. As the OBJ
vious CO ntemplation of The law is that everyone
interested in the returns may have the whole
of the twenty days for application for correc-
tons il needed, we have to submit for your
consideration that every day in which we are
debarred from the examination now asked is a
serious infringement of our undeniable rights
under the laws of the state. As a further and
pressing reason for immediate examination we
beg to say that several Senators and Represen-
tatves elect residing in remote sections of the
state are now here and desire to see il there
are any errors in the returns affecting their
own election. Awaiting your reply, we remain
very respectfully.
BAKER & BAKER, of the counsel.
The chairman of the Council, Mr.. Foster,
informed Mr.. Baker that they would consider
whether any answer should be given to this
letter, and he was then srmmarily dismissed
from the chamber. A short time afterwards
the Council adjourned, and thus the second of
the twenty days allowed for applications for
Correction was cut off. There are only eigh-
teen DAYS remaining, and the Republican
Senators and Representatives elect assert to-
night that they do not believe they will be
permitted at all to see the returns. The
language of the statute which makes it neces-
sary that the Senators and Representatives
claiming to be elected shall see the returns, is
as follows:
"The Governor and Council on or before the
first daN of December in each wear shall omen
and compare the votes so returned and NAV
receive testimony on oath to prove that the
return from anv town does not agree with the
record of the vote of such to" n in the number
of votes or the names of persons voted for and
to prove Which of them is correct. and the re-
turn when found to be erroneous may he cor
rected by the record. No such correction can
Re made without application within twenty
DAYS after the returns are onened. stating the
error alleged and reasonable notice thereof
given TO the person to be affected by such cor
recton."
Messrs Baker and Baker, counsel in these
cases. desire to have it stated that it has been
the uniform and unbroken habit for the Gov
ernor and Council 20 permit any candidate or
his attorney to freely examine the returns
Nor has it ever been known that any person
applying to examine the returns has been re-
fused. The seven ex-Governors now in town -
Arson P. Morrill,. Hannibal Hamlin, Lot M
Morrill,, Israel Washhurn, Sidney Perham
Nelson Dingley and Selden Connor-desire to
add their testimony to that of the Messrs.
Baker. Their joint experience as chief exec
ntives of the state stretches over quarter of a
century Of time. The election returns are
closely sealed until ''opened" by the Governor
and Council and the right to correct is mere
mockery. these ex-Governors saw, If the cam
dilate ii not permitted to examine the returns
to see is anything requires correction. Messrs.
Baker and Baker furthec allege that the senior
member of their firm has practiced before the
Governor and Council of different political
parties on disputed election cases for the past
forty years, and that this is the first time in
which he was ever refused the fullest and
freest access to the returns. either in the pres
ence of the Council or in the Office of the Sec
rotary of State.
Councillor John B. Foster on the other hand
defiantly maintains that no one except the
members of the Council shall have any access
or inspection whatever of the returns, and he
characterizes the request of the Republican
senators elect as all infamous outrage, without
precedent or justification. In answer to Mr..
Foster the members of the Republican adviso-
nv committee assert that counsel and next
friends of all the Democratic candidates have
seen the returns affecting their side and have
had ample opportunity to correct all the errors
in their returns in advance of the returns be-
ing officially opened. Individual members of
the committee assert that whenever legal ir-
vestigation can be had it will be clearly prov
en- that the returns were surreptitiOusly
''opened' some weeks since and that the Dem
ocratic Councillors and outside friends have
had all technical errors on their side corrected
and that the Republican candidates are now
refused the slightest access to the returns to
find if there be errors affecting them. The
committee assert that it can be proven beyond
all doubt that as late as Saturday last correct
ed returns were received from Democratic
towns by the Secretary of State, and that these
corrected returns were sworn to as made i'll
open town meeting on the day of election,
Sept. Sth.
Hon. Thomas B. Reed remains in the city
as advisory counsel with Messrs. Baker &
Baker, and the Republicans assembled at the
Capital have chosen the following gentlemen
to act as an advisory committee during the
crisis, viz: Hon. Lewis Baker OF Bangor; Hon.
Nelson Dingley of Lewiston; Hon. Seldom Goa
nor of Augusta; Hon. Frederick A. Pike of
Calais; Hon. L. A. Emery of Ellsworth; Hon.
A. A. Strout of Portland.
1t is the general understanding in the city
this evening that this committee will advise
resort to judicial process to test at the outset
the preliminary question whether those claim
ing to be elected as Senators and Representa-
tives have not the right to an examination of
the returns as an absolutely essential steps
preparatory to the application for corrections
as provided for in the laws. The resident
justices of the Supreme Court in this county
are Judge Libbey, Democrat, and Judge Dan
FORTH Republican. Under the judicial system of
Maine the parties in cases of this character are
at liberty to commence proceedings before any
one of the eight judges comprising the Supreme
Court.
The Senators-elect and their counsel state
that while they were remaining in the ante
room and were refused admission to the Coun-
Gil chamber there were various parties going
in and out with perfect freedom. The bust
ness of the Council for the day is understood
to have been the consideration of applications
for pardon for violations of the liquor law.
The Kellogg investigation.
New ORLEANS, Nov. 1S.-In the Kellogg
case to-day Peter Williams testified reg lrdin5
the election in the seventh ward III this city in
1876 Moore was declared elected to the legis-
lature from this ward. He told witness that
a clerk in Pdckard's legislature used to answer
for members when the roll WIS called. Moore
gave witness to understand that he could tell