Evening star. [volume] (Washington, D.C.) 1854-1972, 1879-12-29
THE EVENING STAR.
". December %, 1879.
The Struggle i'm Maine.

Ex-senator Morrill, has written another letter
that Part of YOUR exeellency's eommunicaiion
which relates to the points to be submitted to
the Judgment OF the court, have to suggest
the questions on the incloSed memorandum.
Your eNcellency will observe that these ques-
tions, though numerous, are simple, requiring
but brief answers and not calling for elaborate
opinions. The submission of these
questions to the court will instantly alay strife
preserve order and restore harmony. Can your
eXcellency give the people any assurance of
what may happen should this constitutional
mode of adjustment be rejected and the at
tempt made to organize the legislature by force
on a basis OF membership which so large pro-
portion OF the people of Maine believe to be CON
tIary to the actual result of the election? will
not permit myself to doubt that with the two
courses before your excellency, one of absolute
and honorable peace, the other of possible vo-
lence and dangerous disorder. your eXcellency
former"
The memorandum which accompanies Senator
Morrtls letter covers fourteen iaterrosatorieS
The first four OF the counts objected 10 by the
republicans are as followS:-l. Is it the duty OF
the governor and council, in canvaSSing returns
for senators and representatives to the legiSa
ture, to allow corrections therein by the record
under the constitution and laws of the state,
and to what cases can such corrections extend,
If not their duty, have they the right or power
to allow such corrections at their option? 9. Is
return signed by less than a majority OF the
aldermen OF city so detective that 1t cannot be
counted as 1t stands? II so defective, can duly
attested copy of the record be substituted for IL
and be legally counted? The cases Of Lewiston,
Bath, ROckland and Saco are referred to. 3. Is
4 return which places a number OF votes opp0-
site the word scattering so defective that It
cannot be counted when the whole number of
votes so placed, added to any minority candi-
date would still leave clear plurality to an
other candidate? and, If so defective on its face
can CAN'T It be corrected by the record? The case re-
ferred to is that OF the city OF Portland. 4. II
return has not the signature of the town clerk
as in the case Of Lebanon and Albion, can /,
duly attested copy of the record be substi-
tinted therefor and the vote no LEGALLY fpIo
The fifth interrogation which seems to cover
the substance OF the matters in dispute, is,
"Have the governor and council any right to
reject a return bearing the personal signature
OF the clerk and majority of the municipal
officers, because, from evidence aliunde they
are satisfied it was not signed or sealed in open
town meeting or was signed by the Selectmen In
blank, at the meeting and after adjournment
filled in by the clerk, or because of one OF the
selectmen signing the return in blank, filling in
| the name OF the town and county before the
| town meeting the other two signing and seal
Ing in open town meeting, Uhe alleged cases
| OF jay, StOneham, Lisbon and other towns
| are referred to- or because the return was
| sent to the secretary OF states Office unsealed,
| as is alleged in the case Of Searsport, or
article 4, part l, section 5, was not made up in
| the presence of the selectmen and In open town
meeting, as is alleged. In the cases of Webster,
| Lisbon and other towns, especially of written
memorandum OF the persons voted for, with the
| number of votes for each person against his
name, made by the clerk in the presence OF the
put upon the record book of the town until after
| the meeting adjourned, or because one OF the
Selectmen signing Is an allen, as alleged in the
case of Cherryfeld, all the other signatures be-
| Ing regular In all respects, or because the De
| .fdctO officers who sign the returns from any
cause were not legally chosen and merely dis
| qualified from holding the Office or because the
| return is attested by clerk pro tenn. as In the
case OF VanceborO', or by deputy clerk" as in
| the case of Scarboro', or because second return
was sent to the secretary OF state differing from
the first in the numbers of votes returned for
the various candidates; under the facts OF the
Greenfield case, have the governor and council
any right to receive evidence on either Of the
above points, and, If so, on which?
The remaining interrogations cover the follow
Ing points:-Is 1t competent for the governor
and council, when return states the names OF
the persons voted for and the number of votes
for each and each signature is genuine, to admit
evidence aliunde, as to any neglect in the town
officers, before or at the town meeting, to comply
with any OF the various requirements Of the con-
st1tution and laws? Is it the duty of the COVER
nor and council. or have they right to reject a
| return because the whole number OF ballots is
| not stated therein? Has the ballot with the
names of the candidates printed In two columns
instead Of one distinguishing mark within the
meaning Of the statute so that it should not be
received into the ballot box; if so received and
returned, iSit the duty Of the governor and coun-
Gil to count it even If protest with specimen
ballot is annexed to and sealed up with the re-
turn by the selectmen and the return made SUBJ
Ject to the legality of the ballot, as alleged in
the case of Skowhegan? Should votes returned
as cast for John Burnham and John Burnam be
counted for the same or two different persons;
OF votes returned for Alfred CuShman and Afford
or Alfard CuShman or for James w. Clark and
James W. Clarke or for John T. Wallace and
John T. Wallace, jr. are these and all other
errors In the names and initials of the per-
sons voted for cOrrectable by the record!
If the vote of the first candidate named
in the return Is carried out in letters and e
uIeS and the votes OF the three succeeding can
didates are indicated by ditto marks, should
the votes returned for the last three candidates
be repeated in the state? Have the governor
and council the right to reject return on the
ground that two or more OF the signatures were
forged or written by one hand without evidence
from either OF the officers purporting to sign as
in the case of Webster, Lisbon and Sharon, and
such returns on any evidence submitted by one
party alone without first giving notice to the
other party, giving him the right to introduce
counter evidence, or have they the right to ac5
on or consider any protests, affidavits or papers
outside Of the returns unless upon the point
that the signatures OF the subscribing officers
were not affixed with their own hands, or have
they the right to reject any return on account
of such protests, af1idavitS Or papers taken er
DaI'e and filed by one party without the knowl-
edge OF the other without first giving to such
adverse party notice and the right to Introduce
counter evidence? Have the governor and
council the right and is it their duty to recall
ously issued TO any senator or representative,
or, If they cannot recall a certificate, have they
the right and is it their duty to issue new GER
tticate to the person entitled thereto under this
opinion of the courts?
GOV. GARCELoN MAKES A SPEECH.
The Maine fuSiOnStS held large meeting in
Lewiston, Me-, Saturday night. Speeches were
made by Hon. Nathan Morrill,, {chairman,) Gov
GarcelOn and others. The governor said: "a
long life of seventy years has been spent In this
community, and If there has been any act OF
| mine In any way reasonable or in violation of
| law or order, am unconscious OF it. l don't
| come to apologize for what has been done In the
| way of counting the returns made by the mu-
| niclpal officers; the records speak for them
| selves. Almost Immediately after the election
| it was limited that there would be unfair means
| used in counting the votes, and that an attempt
| would be made to steal the state. The election
| returns were placed in the hands of the commit
| tee on elections In october last. Until NOyem-
| Der II no person save the committee had access
| to them. Prior to November II, had hardly
| seen a newspaper for fortnight as was busy
| moving my residence and office. That day l
| went to Augusta and went directly to my cham
| Der In the capitol. In five minutes was called
| upon by committee OF republicans who de-
| manded to see the election returns. The con-
| ference that followed has been reported, and
| has been reported correctly. The very fact of
| these republicans presenting themselves served
| to make me more cautious in counting the re-
| turns in a lawful and constitutional manner. II
| there has been any act OF my life of which am
| proud, 1t Is Of the performance OF my duty in
| tabulating and counting those returns"
| THE GOVERNOR ENDORSED AND NOMINATED AS A
PRESIDENTIAL CANDIDATE.
MI. Neal, OF Portland, made brief speech, In