Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1879-12-04
THE PROTEST.

rected.
AUGUSTA, ME-, December ,. 1879.
To the honorable, the Governor and Council
of the State Of Maine:
The undersigned Senators and Representa-
tives-elect, chosen to the Legislature by the
election of Sept. s. 1879 beg leave to submit
to your Honorable Board the following
Protest
Daring the month of October and the first
half of November. il was given out that the
Governor and Council would meet on the 18th
day of the latter month, for the purpose OF
opening the election returns, and according
ly on the day named the Council met, and
there was a considerable assemblage in tins
city, of persons Immediately Interested in the
result. The Council at once passed an order
declaring that the twenty days within which
application should be filed for correction Of
returns should begin to run on and from that
date. The general inference was that your
Honorable Board would forthwith permit the
parties interested to inspect the returns ac-
cording to the uniform usage of your prede-
cessors Seven ex-Governors of the State,
then in the city, Arson p Morrill,, Hannibal
Hamlin, Lot NJ. Morrill,, Israel Washburn,
Jr., Sidney Perham, Nelson Dingley and Sell
den Common, testified fully and publicly
known single instance in which a candidate
for Office, or his authorized attorney had been
refused a full and free examination of the
Returns.
To these have sincefbeen added the concur
rent testimony of Ex-Governor Joseph ii.
Williams, Abner Coburn and Joshua l.,
Chamberlain, thus giving the unbroken testl-
mony of all living eX-Governors since 1851.
But against this imposing array of prece-
dents against clearly expressed legal right,
against the apparent intendment of your Hon.
orable Board fixing the twenty days for APP
plications for correction, every attempt to see
the returns was met with evasive delay or flat
refusal.
As means of securing our rights, resort
was then had to the Supreme Judicial Court,
by petition, on the 10Th of November, to issue
mandamus to compel the Secretary of State
to exhibit the returns. In answer to this Pc
titon Chief Justice Appleton ordered notice
for hearing on Tuesday, the 25th.
Your Honorable Board, however, on Sat
urday, the 22d, after nstice had been ordered
by the Chief Justice, passed the following or
der:
Ordered: That the Secretary give puplic notice
that the Governor and Council will be in session from
Dec LIST to 18TH for the purpose ofexamining the Of
fetal returns Of votes for candidates for senators,
Representatives ana county Omctfs.
Candidates claiming Irregularities or other causes
presumed to vitiate their election, will have reas0na-
Bile opportunity TO be heard, either personally or by
duly authorized counsel.
As this order was understood to concede-
even though grudgingly and in restricted
time-the privilege of inspecting and correct
ing the returns, all the parties in interest
agreed to suspend legal proceedings and
await the issue-ther purpose being to reach
the desired end without litigation, and even
without irritation, if possible.
Following the suggestions of your order.
the undersigned came to this city yesterday,
fully expecting that the promises which the
order contained would be carried out in good
faith, and that they and all other Legislative
candidates would be permitted to inspect the
returns and ascertain if there are any errors
that could be corrected under the law. Sew
eral members of your Honorable Body
had individually given assurance that there
would be no difficulty in seeing the returns,
and they especially assured different gentle
men that any candidate who would bring a
certified copy of the Election Records of his
town, should be allowed to see the Return
and compare said Record with it for the pur-
pose of making the corrections hitherto al
ways allowed. In anticipation of this con-
dition, the undersigned, in connection with
their associates in other counties, ut ne small
expense and with much trouble, have taken
pains to secure certified and attested copies
of the Records in nearly all the towns in the
State. And thus they are fully prepared to
comply with this exaction, Unprecedented
burdensome and expensive as it has proved.
And now, after all these conditions have been
complied with by the republican candidates,
after they have endeavored to adjust them
selves to every reasonable, and, permit us to
add, unreasonable exaction prescribed by
your Honorable Board, we are finally and
definitely told that you have decided to per-
init the returns of county officers to be ex-
amined, but that you decline to exhibit sim
gle return from any county or any town of
the election Of any Senator or any Represen-
tative.
The Hon. George C. Wing and A. X. Saw
age, Esq, of Auburn, attorneys specially for
the Senators and Representatives. from
Androscoggin county, and representing the
common cause of all republican Senators and
Representatives-elect, received to-day from
your Honorable Board, the following definite
answer delivered by His Excellency, Governor
Garcelon, in full council. viz shat no one
could be permitted under any circumstances
to Inspect the returns Of election Of Senators
and RepreseafdfireS."
EACcnehcN was piSdseu W Ddst the Tc-
fusal on the conclusion Of your Honorable
Board that the Statute of 1877, so far as it
relates to Senators and Representatives, is
unconstitutional. Under that Statute his
Excellency was pleased to say that returns
for county officers would be freely shown to
candidates, but that no returns for Senators
and Representatives could be shown to any
one. Your Honorable Board will permit the
undersigned to remark that they never ground
ed their right to inspect the returns on the
act Of 1877 alone, for the right they are de-
manding is one uniformly enjoyed by their
predecessors from the foundation of the gov
eminent, and now for the first time denied
The undersigned therefore cannot see how a
right enjoyed in this State under the Const-
tuition and never hitherto withheld, could be
affected by the constitutionalty or unconsti-
tutionalty Of the Statute referred to, They
are especially unable to see how the Execu-
tive Department of the government can set
aside the plain directory language of stat
ute. The law in question says definitely and
without qualification in its concluding clause
that 'its provisions so far as they relate to
the correction of the returns shall be applied
in determining the election of Senators
and Representatives to the State legis-
lature." Your Honorable Board now
Ia, "a. tlot, l. l. o1