The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1879-12-25
GARCELON'S YINDICATION.
PRECISELY WHAT HE AND THE
COUNCIL DID AND WHY THEY
DID IT.
The Mandatory Requirements Of the Constitution
and the Laws Under Which They Decided
the Election in Maine.

Indignation Tor the hepuDllCan meet
Ing In Granite Hall Friday evening, Gov AlonEo
aarceon, NJ. D., sat TRANQUILITY in his room in the
Augusta House finishing statement which he
has drawn up for the benefit Of the people OF this
and other States. This is the first public an.
nounoement made or authorized by the Governor
Of the principles which determined the recent
action Of the Council in refusing to count certain
defective returns thus reversing what the Repub-
licans have claimed to be the result of the late
election. The following statement is addressed
by Governor Garcelop to the public:
To THE PUBLIc-Telegrams and suggestions
having reached the undersigned to the effect that
Gov. Garcelon and his Council owe to the De-
mocracy Of the United States In particular, and
the public generally, full, explicit explanation
Of exactly what they have done and why they
did 1t. / herewith submit for general informa-
tion concise statement Of the constitutional re-
quirements in relation to elections of Senators
and Representatives In this State, and the action
OF the Governor and Council In the discharge Of
the duty imposed upon them by that instrument
and the statute laws in accord herewith
The statutes regulate the mode Of the calling
VI mGetuBb, Uuk lu6 OUuhtllullOh plSoOllDSo thO
qualifications Of representatives, and declares
that the selectmen OF towns or municipal officers
Of cities shall preside impartially at such meet
ings, receive the votes Of I'll the qualified elec.
tors present sort, count and declare then in open
town meetings and in the presence of the town
clerk, who shall form a list Of the persons voted
for, with the number Of votes for each person
net l. Ia nd CHI naly q 70 ir raanrd
thereof in the presence Of the selectmen and
town clerks of towns and the assessors of panta
tlons and sealed up nbpen town and plantation
meetings and the clerks Of the several towns and
plantations are to cause the same to be deliver.
ed into the Office Of the Secretary of State thirty
days at least before the first Wednesday Of Janu.
ary annually; and the Governor and Council
shall examine the returned copies of such littS
and twenty days before the first Wednesday Of
of January shall issue summons to such per-
SONS as shall appear to be elected by plurality
of all the votes returned TO attend and take their
seats.
SO much for the Constitution. supplementary
to this the statutes provide (Chapter A. section S2
that in order to determine the result Of any elec
ton by ballot, the number OF persons voted for
shall first. be sscertained by counting the whole
number Of separate ballots given in, which shall
be distinctly stated, recorded, and returned
Banks are not 10 be counted as votes, and votes
for persons not eligible TO the office shall not be
counted as votes, but the number Of such blanks
and the number and names on ballots for per.
Sous NOT eligible she'll be recorded and return
made thereof These provisions Of the Constitu.
ton ard the laws apply 10 cities as we'll as towns
and plantations, and impose upon them-that is,
the municipal ofiGers-the duty OF examining
and comparing the list of votes given in the sew.
eral wards, Of which the City Clerk shall make a
record, and return thereof shall be made in the
same manner as selectmen Of towns are required
to do
Such are the plain and unmlstakable provis.
Ions Of the Constitution of this State, and in the
discharge of their duty of examining the returns
and issuing certificates or summons to the pGrtses
appearing to be elected the Governor and COun.
Gil have not only endeavored to follow both the
letter and spirit OF the Constitution and laws
made In accordance Herewith as indicated by
their own judgment but the advice Of their duly
appointed legal officer, aided by the best legal
talent in the State.
And here let 1t be remembered that the decis.
ion Of the Governor and Council Is not final. The
Constitution makes the Senate and Honse of Rep.
resentatives respectively the final arbiters of the
election Of their own members. All the lists Of
returns which have been conhded to the Coun.
Gil are to be laid before the Senate and House OF
Representatives on the first Wednesday of Jsnu.
ary annually, and they shall finally determine
who are elected.
With these directions and requireme nts before
them, what Is the Governor and Council requir.
ed to dot To examine these returns, ascertain
their validity, and compare them with the pro-
visions Of the Constitution and the law. And
first, they must have been sealed In open town
meeting and in presence Of the selectmen, and by
necessary implication must come into the hands
OF the Governor sndiCouncll In that condition,
Secondly, they must be genuine returns, coming
from bonadde towns or plantations, legally con.
stituted and organized. Thirdly, they must be
signed by the legal officers Of the towns-that is
as decided by the courts, by q majority Of the
municipal officers of town or city-and cert.
fed by the clerk. Fourthly, they must contain a
statement Of the whole number of ballots cast
for the officers voted for and the office for which
he was voted to fill. Filthy, the name Of each
person voted for. with the humber Of votes
against his name that were thrown for him,
slxthly, the names Of the officers signing the re.
turns must be written with their own hands (as
per judicial decision 6S Maine, page 5S7), APP
plying these rules to the various Ieturns, tabu.
latlon Of the persons voted for the different Off
Ces With the votes each has received, determines
the result.
In the inspection and returns and tabulation Of
the same, which has just been completed by my
self and Council, 1t has been our purpose to ap.
ply to every return the came rule-to wit: Com
pliance with the requirements OF the Constitution
and the law, without fear or favor; and If the
result as 10 the political complexion Of the Lagis
lature is different from what was claimed BY
politicians interested in influencing the electlonl
in other States It is owing In part to the fact thai
the claim was unfounded and in part to the care
lessness Of municipal officers in making thell
returns. The truth is, the popular vote waI
against ihe Republican party, and in the Legisla
tive and Senatorial districts the vote was extreme
y close, In addition to the fact that several per
soma failed to receive their certificates III conGe
quence Of fatal defects In the returns from thsii
towns or ciies, there are others who would have
been presumably elected but for the carelessnesi
Of the voters themselves or the ignorance Of the
candidates or those who provided ballots at the
elections. The Judges Of our Supreme Court have
decided thst ballots cast for William H. Smith
and W. H. Smith are to be counted separately
Several changes have resulted from this condition
Of affairs Ia one county persons with as many
as four different combinations in initials received
the Republican vote and two the Democratic,
That county was entitled to only one Senator and
there was no alternative but to give the certificate
to the person having the highest number Of votes,
In the Danforth district, already notorious the
name OF the Republican candidate was Charles A
RofIe The town of Danforth voted for Charles
Roffe. The reiult was that his competitor receiV-
ed the certificate, and from like causes other
changes have occurred.
The great hue and cry about conspiracy"