New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-12-27
EXCUSES FOR REJECTING RETURNS.

EXCUSES FOR REJECTING RETURNS
AN AID TRACT OF THE RFPORT OF THE COMMITTEE
THAT COUNTED THE REfURNs-THE "FATAL
DETECTS" ESUMERA TED-ALI TGED PRICE,
DENTS FOR REJECTING Returns.
BosrON, Dec GA special dispatch from Au-
gusta to The Boston Herald gives the following alb
stract of the report to the Council by the Commit
tee on the Maine Election Returns:
Your Committee. In submitting this report. deem II
necessary specifically certain facts connected
with the returns from many OF the towns, cities aud
plantations, which have materially affected the result OF
the canvassing OF the votes returned There
are many returns which, owing TO fatal de-
fects. cannot he counted; but We shall spec
iiy only those which have affected the result
Article w. P4rt l, Section OF the Constitution
lates the manner OF eecng Senator'S and representa-
tyes the LEGISLATURE and also the Of trans
uniting 10 the Governor aud Council the evidence by
which they determine wHo have been elected.
Ths section provides that In the case OF towns and plan
tatiOns municipal officers shall IN open town and plan
taton meeting at the close OF election day. Sort count
and declare the votes cast, aud fUrm "a list OF
all the persons voted for. ana fter the name OF
each person rus voted Tor snail wife Tue nhmper
open meeting by the clerk, and Of this recorded
list shall b" signed lay the Scecmcn and attested by the
clerk, and sealed up IN omen neeug ms cOoy OF me
recorded list thus attcstcd, Is 10 ne deposited In the
alter section of the Revised Statutes requires that,
In addition to the foregoing specific and mandatory pro-
whole number Of ballots cast at the election The same
section Of the Constitution requires that the Governor
and Counc shall open and compare the returns thus
| transmitted, ami from them determine who appears
To- he elected; aud the Governor is 10 Issue 10 such
pei sons thus appear to be elected sunnopses to
take seats in the legislature or COURSE the first re,
quirenen Is that the returns shall be made and sealed
IN IN open town plantation meeting. We understand
s Il required in order that the electors may be present
| ancr with the facts; and we are OF the opinion
that the returns not made mp IN open meeting are not
legal returns aud cannot he counted and We have acted
this belief making our taomntions Several pro-
tests. accompanied with arliayiis 10 support them
against the counting OF the returns specified thoreil
have been considered by us. Thcse protests aege that
said returns should not he counted because they
the meeting closed In SOME private Office or store
present and in only CLERK This condition
things In several has been proved 10 our entire
urns ii@s detective in our fluctuations. In
se case ro i, 9 Two se,,ocu ss,abIishas a., b
fact that they signcd the returns blank aud that the
Town Cers iook them home aud filled them up, and that
the selecimen have no knowledge OF what the returns
cOntalr For the foregoing reasons we have rejected In
OF jaw. stoneIaS. Lisbon, Webster and Farmnston
Returns from the town OF seasport have also been
meeting. nv means of these rcccfions 1--WE persons
will receive seats in the LEGISLATURE who would not
have been seated had the returns from the aforesaid
towns been made the Constitution requires They
James Owhiie OF mo Jay District; Louis Voter oi
and Leonard ii. Beale of the Durham District.
"OIHER FATAL DEFECTS"
The Supreme Court have held that municipal officers
shall sign the with their own hands, make
their marks otherwise tho returns cannot be counted
We have found other returns fatally defective in this
particular and have accordingly rejected them. BY this
rule laid down by the Supreme Court the New-sha
return has also been rejected by This rejection affects
the election Of one Representatives We found several
fatally defective, because they were not attestod
by the Town Clerk The Supreme Court held that such
returns legal, and have rejected hom. They
only such M affect the result of The election.
The Representative return from the town OF Lebanon Is
OF them. It's rejection affects the election Of one
Representative VIZ. Stephen D. Lord VaneebOr0 and
Albany like and the rejection Of returns from
these towns affects the election vi two Representatives,
several towns In some full Christian names
candidates seem 10 nave been used and IN others
count the initial names with the iull names On an ex-
animation Of the law find that the Supreme Court
vol ca, page 5O6j has held dat the Governor and
Council must count them as distinct and separate per
By Pe be ceS
viz, F. W. Hll of Exeter; Aaron H. woodcock. Of the
ea: john IT, Brown of the
District; mud James II. Leighton. OF the -
Of plantations, in addition tie forms required Iy
towns, That list of the voters of the pontntionsbe
the Secretary of Statc otherwise the returns
from such plantations shall NOT DO counted We found
the from OF s s o o ~
tions IL Will there appear that the rejection OF those
affects tie election OF TWO representatives,
ALLEGED PREcEDENTs.
The statute requirement OF setting forth in the
turns the whole number OF ballots In many cases
not complied with. We have found that 1t has been the
practice OF the Governor and Council for many
year 10 reject such returns, and have deemed
1t safe to devlaie from this long established
INTERPRETATION Of the law, so fully recognized
BY our predecessors, and ia making our Populations
baye omitted all such returns. IL Will be perceived that
these reflections the election OF several Represent
atiycs In the County OF Washington candidate for
the have been voted for IN OF the
Tow ms his county by the OF John It. Wallace, jr
and IN others by the OF John T. Wallace, but we
have tabulated the votes thrown for two different
son is meant Two sets OF returns sent In 10 the
Secretary OF state from the town OF Fairfield
each OF which contradict the other and, as II I'M
possble from the conflicting character Of the returns
determine the result OF the election 10 that town
have rejected the returns from that town IN tabua
tions The rejection affects the election OF Repre-
sentative. Accompanying aud attached 10 the Repre-
tentative return from tue town OF skowhegan there
was statement signed by the sele tncu that certain
| Section 20, Chapter 4 Of the Revised Statutes.
| One OF the ballots objected 10 was attached 10 the
turns. The sclcctmen their certificate alege how
many OF such ballots thrown, aud Ia this oertln
cafe they inform the Governor and Council that they
make the return subject 10 The legality iegality OF
that Kind OF ballot The ballot was In the form OF
| Ordinary sheet OF paper folded 10 make two leaves
| ono OF the pages half Of the candidates
printed and the II the remainder OF the names
| that kind Of ballot 10 clearly IN violation Of the
letter and spirit OF the foregoingnaned statute, and
we have accordingly rejected number Of such ballots
IN making fluctuations. protest filed against
counting the returns from the town OF Cheryheld
the ground that the officers who attested the returns