Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1879-12-04
11u1suXY. pIcnD0 1. IN.


11u1soAY. p1c000 1. IN.
TIE Law Of It
We have seen NO sort Of justification At.
tempted BY the friends OF "Vsnetian Coun-
cil' OF seven, at Augusta, for their conduct.
Democrats and Greenbackers alike. 10
conversation freely admit. that the pro-
ceedinss OF the Council are entirely out
side OF law ~ well A. fairness. But they
undertake 70 break the force Of their own
admissions BY alleging that T!lden cleo
tors were counted out In Louisiana In 1875.
They have always claimed that the action
OF the Louisians Canvassers vaa wrong.
What d. sSey call II now! II II VAS
wrong, do they propose to repeat III
The Statute OF Louisiana in 1876, ex-
pressly provided that II complaint VAS
made 10 the csnvassers that there had
been such riotlng violence, or Intimidation
10 any precinct. ~ to prevent fair and
free election. the canvassers should hear
testimony and II the complaint WAS proved.
they should not couu, such precinct. The
Statute WAS mandatory. II commanded
such investigation and such throwing out.
This Statute had been decided BY the So
preme Court OF the State to be Constitution
81. Under this statute the canvassers heard
the evidence on both sides 10 open session.
That there VAS much evidence on both
aides nobody questions. The canvassers
decided that the complaints were proved.
Their decision may have been erroneous
In fact, bot 1t Was clearly right 10 law.
They had = clear right 70 make such . de-
cision.
How different 10 the law in Maine. By
the old constitution prior TO 1854. the
Selectmen OF towns counted the votes for
Representative. and gave q certificate to
the man having the most votes. Nobody
supposed the feiectiueu could do more
than count. When the soldiers were A.
lowed to vote. the constitution VAS ehanged
80 that the selectmen sent the count for
their town 70 the Secretary Of State. and
the Governor and Council were ordered 10
count, and give certificate. They had no
more power than the selectmen had. They
were simply counters, and were to an-
nounee who appeared BY counting to be
elected The real election vAs to be de-
termlned BY the House. Questions OF
bribery, violence. etc, or irregularities In
calling and holding nessinxs. were be
gone into BY the House. The Governor
and Council only cosa,ed.
The statutes have conferred no power to
60 behind . return. The statutes all AIN
~ the doing away with all .echnicali,ies.
An error In the statement OF the vote, or
the persons voted for, may be corrected by
copy OF the record OF the vote and only
where the record Of the vote, and return
are ., variance, can testimony be received
TO decide which Is right. Some papers
had formerly been necessarily disreearded.
for the reason that they did not appear 70
be returns, lacking the signature. or some
other requirement. The statute now
steps In. and declares that In such case,
the Council shall take . copy Of the record
OF the votes and count BY that Returns
may be amended from the record. Defects
In returns may be supplied BY the reco I'd
Nowhere In constitution, statutes. con-
mon Law, or common sense can provis-
ion be found justifying the canvassers 10
Maine 70 do anything else than TO coup,
the votes. as they appear on the returns
or the record.
II 10 limited that the Council will 70 be.
hind the returns. TO inquire II ,hs mesGias
WAS called, or held 10 the exact sccor.
dance OF statute, or IL the ballot boz VA
always kept on the table. Where Is thei,
authority for that! The returns do no,
state how the meetings were called OF
held. They simply return the votes 70 b.
counted. No democratic lawyer will pub
liciy state. that In bis opinion. the givins
but six days notice Of . meeting. or post
ing warrant In only one place. will vitiats
q meeting required BY the constitution
Such . rule applied 70 Municipal matters
would enable Mayor Davis and his Alder
men. to bold power tor life. They hold
until their successors are qualified, and al
they have TO do II 10 omit TO issue war
rants until too late. The very ssasemsu,
Of the results shows the AbsardIty Of sucf
notion. The September election Is not ,
Municipal AFFAIR. bot 10 provided for b.
the constitution, and the Sorgetfulnsss. o,
wilfulness, Of Q selsctman or constable
cannot deprive the citizen OF bis right e
vote. and to have that vote counted. Such
calling Of . meeting 70 siopiy . reoindeI
to the people IL u What lawyers call {
directory provision. not essential. The
trial Of Edward n. Smith 10 this County
illustrates this. The statute says that th>
venirss for Grand Jurers shall b. issuec
forty days bssore The second Monday il
September. In the Smith case. the veuIres
were not Issued uatil about thirty day,
before sneh Monday. The court decided
unsnioousiy, The dsoocratic Judge LIB,
drawing the opinion. thst such omissios
did not acct the legally Of the Grssd
Jury.
II osp can be held 10 STATE Prison fol
life 90 an indict@eat By Jury - called
asd hell, Il voaid seen that The tight Of
voting ~ hesinG votes eoaatsd cannot b
much sbnAssd u . msstiag 20 called AND
held.
-Congress net Monday. aad Il ID
probable that . long session will follow
The Ds0oesats declare their intent "a
avoid al disturbing matters Of Legis-
huon. bot ~ 6outhern members hsvs
eonsdtasacies that ass beginning 70
grow elaooHoss for appgopsissieas for
tie payosst Of thsir vsrioss claims
arising from IL vAs. and IL 10 very
dosbtial u ~ prssanss thst will b
broagAtaaa - WiaAstosd. Bssidss this,