The Portland daily press., 1879-12-05
biz TELEGRAPH.
The COUNCIL.
PROCEEDINGS BEGUN BE-
FORE THE SUPREME
COURT.
*%s
Arguments Before the Council
on the Portland Returns
Opinions of Senator Ham
lin and Representatives
Frye and Laid.

FRYEBURG, Dec. Application was made
this afternoon to Judge Virgin, presiding JUS
tice of the Supreme Judicial Court for Oxford
county, by Geo. d. Bisbee, County Attorney
for Oxford county, upon the petition of An
drew R. G.. Smith, Senator-elect from Lincoln
county, and Nahum A. Hill, Senator-elect
from Hancock county, asking the court to issue
rule of court to Edward H. Cove, Secretary
of State, commanding him to appear befor
said court on Tuesday, the ninth day of De-
cember and show cause why he should not
give said Senators access to the returns of Sen
atorial votes in their respective districts, and
an opportunity to examine the same; and for a
writ of mandamus to issue against said Cove.
Judge Virgin has issued the order and will
hear the case at Fryeburg, Tuesday next, I'M
less by agreement of all parties the case should
be heard elsewhere. Messrs. Baker & Baker,
counsellorssat law of Augustus land Hon. Nath-
an Webb of Portland, appear for the peti ton
ers A copy of the petition and order on the
same will be served upon Secretary Cove at
once.
Both the petitioners claim to have been le-
gally elected by the Republican voters in their
respective Senatorial districts, and they have
made applications to Secretary of State Cove
in person and by counsel for an opportunity to
see and examine the returns in accordance
with the universal custom and construction of
the law and constitution of Maine since its OF.
| ganization, and have been repeatedly denied
this privilege.
Proceedings in the Council.
| AUGUSTA Dec. 4.-The following letter was
sent to the Governor and Council this after
noon:
AUGUSTA Dec. 4.
| To the Honorable Governor and Council Of the
State Of Maine:
May respectfully request that your honora-
| BILE board will indicate a day and hour when I
| may be permitted as authorized counsel for
Austin Harris and Alden Bradford, Senators
elect from Washington county, to examine in
vote of said county. 1 shall ask to have as
ISOLATED with me only the Senators-elect and
one other legal adviser, having joint authority
with myself to act for Mr.. Bradford.
Very respectfully,
HERBERT NJ. HEATH.
The legal adviser referred by Mr.. Heath is
presumed to be Hon. F. A. Pike of Calais who
reached this city Wednesday evening and is
the guest of Senator Blaine. Mr.. Pike spent
the most of to-day in the State library ex-
aiming legal authorities. Mr.. Pike will be
united with Mr.. Baker and Mr.. Webb in argu-
ing the mandamus case before the Supreme
Judicial Court. d.,
A. A. Strout, ESQ.,, of Portland was before
the Council this afternoon in support of the
legality of the return from that city. He
dwelt at length on the serious result of Port
| lands being deprived Of Representatives in a
year when the basis of taxation is to be de-
termined by the decennial valuation. Mr..
Strout did not see the returns from Portland
Opinions of Maine Congressman.
BOSTON, Dec. A Globe special from
Washington says Senator Hamlin and Con-
gresham Frye asserted yesterday that it was
their firm conviction that the Democrats in
Maine would count in the legislature, and in
tended to have that legislature change the law
SO that the Presidential electors of Maine
should be chosen by the legislature, thereby
;.s--;-,r +l.o oloo.--ssi rne
Democrrtic candidate. Congressman Ladd,
the Democratic member, was interviewed by
the Star yesterday with the following result:
Starts is it true that the Republicans are
to be counted out liz Maine?
Ladd-Nobody is to be counted out. The
Council will follow the law strictly in making
the official count, and that hasn't been done
heretofore in Maine.
Star-Yes, but will this strict adherence to
the law result disastrously to the Republicans?
Ladd-It is impossible to tell yet how it will
result. The Council mean to do their duty and
obey the law to the letter, no matter whom it
may hurt or benefit