Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1879-11-20

| None but EusiOnlsfs ct Allowed TO See
| the Returns.-Further Efforts Made by
Republicans to Examine Them--Still
Declared From the Privilege.-Sharp
Letter by Baker n Bakcr--Thc COun-
Gil Adjourned to Friday.
Yesterday was the most quiet day, politi-
cally, which the city has experienced since
Sunday. But if outwardly there was not
much appearance of activity, there was
good deal under the surface. The cOnspira-
tors held a conference Tuesday night, and
yesterday they were busy at the State House.
Gov. Garcelon sat with the Council both in
the forenoon and afternoon session. Hon.
Andrew Lacy of Wiscasset, called at the
Council Chamber in the forenoon to see the
returns from Lincoln county. He stated that
he had been promised by the Governor that
he might see them. The Governor stated
that the conversation related to the returns of
the election of county officers, and not to
Lacy then stated that his desire was to see
the returns of county commissioner and SEN
ator, but the Council declined to let him see
the returns in either case. Hon. +. {. Far
rngton of Fryeburg, a member of Gov. Con-
nors Council for two years, stated to the adj
visory committee yesterday that the uniform
custom for the two terms in which he was in
office, was to advise the parties in interest of
defective returns, in all cases where their re-
lection could possibly change the result Of
the election and that the returns were in all
cases freely exhibited. He cited the well
known Bureigh- Madigan case, in which the
Hon NJ. Madigan and Peter Charles keegan
of Aroostook, were permitted to spend long
time in examining with minuteness the re-
turns from every town and plantation in the
county.
No communication having been received
from the Council in response to any of the
letters addressed to them by counsel or by
senator-elect, Messrs. Baker & Baker, coun-
sci, addressed them the following letter in the
afternoon:
AUGUSTA, MAINE,
Wednesday 7. NJ, Nov. 10, 70
To the Honorable, the Gore,nOr and Council
Of the State Of Name:
We beg to call the attention of your honor
able body to the communication we laid be-
fore you yesterday. After It's receipt you
continued in session for some hours, and to-
day YOU held another session, lasting the en-
tire forenoon, and up indeed to one o'clock,
u. NJ. We cannot wait over your adjourn
ment of this afternoon session without en-
dcavoring TO impress upon your honorable
board the great hardships and wrongs under
which our clients are suffering in consequence
of being excluded from an examination OF the
election returns. You have by official order,
duly recorded in the office of the Secretary OF
State. declared that the twenty days allowed
by statute for applications for corrections,
should begin to run from Monday. the 18th
inst We are now at the close of Wednes-
dav. the 10Th and have lost three days of the
legal period, according to the terms OF SAID
order. Excluding the three Sundays, Nov.
23d and Both, and Dec. eth, we should only
have fourteen days for actual examination of
returns, if we were permitted access to them
tomorrow.
One OF our clients has received the sug-
gestion from your honorable body that he
might get certified copies of records from
the town clerks of all the towns in his coun-
ty. Putting out of consideration the labor
and expense of so doing we beg to submit to
your honorable board that after the certified
copies had all been procured our client
would stand precisely where he stands to-
day. What he needs to know and what the
statute gives him the right to know, as We
respectfully submit, is whether the returns
before your honorable board are in all re-
spects regular, or whether they are defective
in those points for which the statutes provide
the mode Of correction. If regular there re-
L., 30 b., ,rra an
defective on those points which are durable
by a reference to the town records, then the
party interested may at once procure the
necessary certitcations from the town clerks.
1t surely cannot be necessary to argue before
your honorable board that the law giving the
right to correct errors carries with it of ne
cessiiy the right II ascertain what those err
rors are. 1t could not possibly have been
in the contemplation of the law making power
to confer upon parties interested the right to
correct errors in returns and at the same time
to give to the Governor and Council the
right to say that those parties shall have no
opportunity to find out the nature and extent
of those errors.
With great respect,
Your obedient servants,
BAKER & BAKER.
When the messenger bearing the letter
reached the State House at half past four
o'clock he was informed that the council had
adjourned over to Friday
1t is now understood that the question of
the right of Senators and Representatives
elect to examine the election returns in their
own cases by themselves or counsel, will be
tested by proceedings before the Supreme
Judicial Court. 1t is said that Chief Justice
Appleton is the Judge before whom the pro-
ceedings will be taken