The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1879-12-03

and open proceedings and candid tribunal at
every step. The organic law OF Maine winch
demands an open vote and an open count ana
an open return signed and sealed in open Town
meeting, never contemplated that the same
return as soon as it reached the Governor ana
Council should become'a secret paper, 1nvlsi-
BILE to all persons except those who, as III tills
instance, may have hidden motive 1or INC
concealment
Every member of your honorable board is
politically hostile to the Republican party.
But a vast plurality OF the people OF Maihe
decided by an open vote to entrust the au-
minstration of their state government 70
YOUR honorable board now decide that no
Successful candidate for Senator or Represen-
tatiye in that party shall SO much as look aI
an election return though you have to usurp
the functions of the Judiciary TO prevent MN.
Denied by your honorable board the common
rioht of Inspecting election returns hitherto
accorded to all candidates; denied the rlgnt
of appearing before the Executive Coulicii
of Maine hitherto freely accorded to all citl-
zens; treated with dlscouftesy ana lhd'snoy
when preferring requests never before refused
tbe undersigned present this solemn protest.
While resorting to other forms OF redress the
undersigned protest against the arrogant anu
unauthorized assumption OF power, the unpre,,
cedented destruction OF rights, the bold
usurpation of judicial functions, the scandalous
secreting of public records hitherto open to
honest INSPECTION which have distinguished
the course of your honorable board in all the
matters herein submitted for your considera-
ton.
iSigned NATHAN T. HILL,
Senator-elect from Hancock.
A. r. G. SMITH,
Senator-elect from Lincoln.
JOHN L. CUTLER,
Representative-elect from Bangor
GUY G. Goss, a.
Representative-electf from Bath.
1t is understood that the Republican Senators
and Representatives will now resort to judicial
proceeding and will make no further personal
effort with the Governor and Council to pro-
cure access to the returns.
BosroN, Dec. Am Augusta dispatch to
this evenings Journal describing the situation
in regard to tie count says:
There is no improvement in the situation at
the State House. Baker & Baker have tried
in vain to get access to the returns for Senators
and Representatives this morning or to geta
definite answer either when they can have &C
cess or whether they can at any time. Inc
Council has gone back on their promises made
public in their ord err of the 10Th of November.
They have allowed an examination OF the re-
turns of votes for county officers by Messrs.
Wing and Savage, representing Androscoggn,
and by Mr.. Bisbee, representing OXFORD
county, but after much equivocation declined
to allow the examination of legislative returns.
They have now arrogated the power to pro
nOuIC6 UIl6 law VI lot giving Va WAY
correction of returns by the records, uncon-
stitutional, thus assuming the prerogative OF
the Supreme Court. Mr.. Fogg said to-day at
the Augusta House dinner table to Republic
can: damn the Supreme Court, what do
we care for it? Why don't you bring on your
mandamus?" Gov. Garcelon said in the
Council Chamber and at the hotel that ne
would be very glad to have the opinion OF
the court upon the laws of 1877, yet he has
made not move to get it, but his
council assume the right to pro
nounce it unconstitutional and violate it.
The Board today, after dallying all the fore
noon, told the parties who have made the re-
quests to see returns that, as present advised,
they should not exhibit them, thus disappoint-
ing many parties who have come from dis
lance on the strength of the order of the 10Th
ult, which Republicans accepted in good faith.
The position the Council seem to take now is
that the legislative returns are susceptible OF
no amen dment on account OF the unconsttu-
tionality of the law of 1877, and that their duty
is to issue summons to those who appear to
! be elected on the face of legal returns, and
that they have authority to say what returns
are legal. The idea prevails more extensively
among Republicans that the Board are deter
mined to do their worst and change politically
both branches The number is very small
that think otherwise today. body OF men
that will assume the prerogativeS OF the court
will not hesitate to assume those of the legsla-
ture. The legal process, suspended on account
of Council order, will be again invoked with
out delay.