The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1879-12-11
REPORT OF THE HEARING
AT AUGUSTA.
Not Much Interest Taken In
the Proceedings.
THE COUNCIL NOW ALLOW
INSPECTION OF RETURNS.
Cumberland County Officers Ar
Cumberland County Officers Ar
que Their Case.
Especial Despatch to the Press.]


paign begun. There were but few strangers
in town, and the presence OF most OF them was
not in connection with the mandamus proceed
ings The speech which the Argus some days
ago alleged Mr.. Blaine had prepared to deliver
to the court turned out to be largely an ora
ton on the soul stirring subject of the correct
parties to a mandamus and the conditions un-
der which such a process is justitiable. The
fact is that the gentleman who delivered lit,
Mr.. Orville d. Baker, was the gentleman who
prepared it, but of course the Argus will still
attribute it to Mr.. Blaine.
There was good deal of delay in beginning
the days work ON account of the trouble in Sc
lecting a suitable place. Finally the Senate
chamber was agreed upon and there proceed
ings began at little past II o'clock Proba-
bly, the number of spectators did not exceed
hundred, and many of them left when they
found that the arguments were to be confined
strictly to points OF law. There was no dispo-
sition on either side to inject any talk for po-
litical effect Both Mr. Webb and Mr.. Gould
before the hearing were of the same mind in
relation to conducting the hearing according to
the strict rules of judicial procedure, and both
were equally determined not to be drawn into
any political discussion. There was an objec-
ton made against a paragraph in the petition
by Mr.. Gould on the ground that it reflected
on the integrity of the Executive and it was
amended to meet the views of Mr.. Gould,
though Mr.. Webb disclaimed the Interpretation
put upon it by Mr.. Gould.
Mr.. o. D. Baker opened for the petitioner
and mis- argument, which occupied some three
hours in the delivery, is admitted on all sides
to have been very able and convincing one.
Necessarily it dwelt largely on technicalities.
and much of it therefore would not interest
the general reader 1t was entirely free from
from anything like stump speech. MIR. Webb
followed in a comparatively brief argument,
chiefly confined to showing the insufficiency OF
respondents answer. 1t is unnecessary to say
that it was powerful one, as all Mr.. Webb's
arguments are such. Hon. A. p. Gould will
argue in the morning, and Mr.. Baker will
close. Judge Virgins opinion will not be an
nounced for several days. Contrary to gener-
al expectation, Judge Virgin sat alone.
The Council were busy to-day examining the
returns. Hon. Andrew Halves and Hon.
Joseph A. Locke were permitted to look at
Legislative returns from Cumberland. 1t is
rumored that some defects were found out
side of Portland. County Attorney Hutchins
of Bangor examined the Penobscot county re-
turns, and Mr.. Weeks of Augusta will look
over the Kennebec returns tomorrow.
The Council seem to have concluded to
allow the examination of the returns by al
most everybody except Baker & Baker. This
firm is still tabooed. Why this change of
base is not known. 1t was supposed yesterday
that they were going to plead in reply to the
petition to the mandamus that the returns
were on exhibition, but the reply did not set
forth any such thing. The fact seems to be
tnat the Council have settled plan about
anything. except perhaps the counting out OF a
Republican majority. and are governed largely
by caprice.
A prominent Republican said tonight
that last week theCouncil were ia high temper
and were fully determined on reversing the
character of both houses, but he thought
since that they had cooled off little and were
not SO determined. Their construction of the
laws seems to be governed largely by the
frame of mind they are in. 1t is not to be in
ferred from this that he thinks the Republic
cans will not be counted out. This same
Republican says that E. F. Pillsbury stated
upon his honor that no Democrat had ever
spoken to him about changing the law so as to
empower the Legislature to choose Presidential
electers. He had never heard of it except
through Republican sources.
The Hon. f. NJ. Fogg says that the more he
looks at County Attorney Rounds charges the
more absurd they appear. That is undoubted-
ly because he hasn't looked at them at all.
The fact seems to be that while he isn't afraid
of 200 bells he is very much afraid of these
charges and his fellow councillors share his
fear. Mr.. Fogg also remarked that he had
great respect for the Supreme Court. Accord
ing to this voluble statesman the position of
the Council in regard to the statute of 1877 is
this: The constitution says the returns shan't
be corrected, the law of 1877 says they may be-;
the former is mandatory, the latter is only per-
missive, and consequently they are obliged to
obey the former. Fogg thinks it was the
height of cheek for the Portland people who
have been here to ask to be allowed to correct
the returns.
The Governor and Council today pardoned
Charles Cassidy of Boston, in Jail under the
vagrancy act.
Defects are alleged in the Augusta returns
and the returns from Bath.
ITO the Associated Press.]
The hearing on the petition for writ OF
mandamus to compel Edward Fl. Cove, Secre-
tary of State, to show the returns of Lincoln
county of the vote for Senator in September
~ INIT tow 1nnt
commenced at the State House to-day before
Judge Virgin, at II o'clock a. M, in the SEN
ate chamber. Baker & Baker of Augusta,
and Nathan Webb of Portland, appeared for
the relator, and Attorney General Mcclellan
of Belfast, and A. P. Gould eff Thomaston, for
the respondent. The Senate chamber was
well filled with spectators and parties immedi-
ately interested. The regular proceedings
opened with the reading by Orvlle j. Baker
of the petition of the reator, as follows:
THE PETITION.
To the Honorable Justices of the Supreme it,
dicial Court Of Maine, noD held at FfyebuTg,
and for the County Of Oxford, on the first
Tuesday Of December, 1879.
Nahum T. HILL of Bucksport, in the County
of Hancock relator, in behalf OF the State OF
Maine, respectfully represents and informs
this Honorable Court that at the last annual
September election he was a candidate for
election to the Senate of Maine for the 18th
Legislature, from the district and County OF
Hancock, that he received a plurality OF all
the votes cast for one of said Senators at said
election in said district, as will fully appear by
the official returns made to the office OF the
Secretary of State from the several cities,
towns and plantations in SAID district; that he
is fairly elected to said office, and entitled to
certificate of such election from the Governor
and Council; that he is informed and believes,
and has good reason to believe that said Gov
ernor and Council are intending and attempt
ing to reject some of the returns that are i'll
favor of your reator, and issue a certificate of
election to person who received only mi
nority of the votes cast and returned, and thus
deprive your relator of the office to which he
was fairly elected, by reason OF some slight
errors, defects or informalites i'll said returns,
which he has a legal right to correct by virtue
of the statutes of the state, and could correct
if he could ascertain what those defects, errors
or informalities are by an examination OF SAID
returns
Your relator further shows and informs this
Honorable Court, that on the seventeenth day
of November 1879, the Governor and Council
passed Vote that the returns were opened on
that day, and tina. the twenty days allowed by
statute in which to make an application III
writing to them for the correction of any errors,
defects or informalties in said returns. or to
show that the returns and the records OF the
towns from which they came do not agree and
to show which are correct, would begin to run
from that day; and on the same day the Com
mittee on the part of said Council appointed to
open and tabulate said returns, made report
70 tho Governor and Council and submitted