Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1879-12-09

and now, after all the conditions have octu
complied with by the Republican csnt
dates, after they have endeavored 20 SdlnSt
themselves 10 every reasonable, and, per
nit us TO add, unreasonable eNactiou pre-
scribed by your honorable board we arr
finally and definitely told that you have lie
cided 10 permit the returns Of county OIL
GERS 10 be examined, but that you decline
10 exhibit a single return from any county
or any town OF the election of any Senator
or any Representative.
The Hon. Geo. c. Wing, and \. Il. ~a'-
age. esq, of Auburn, attorney especially
| for the Senators and ReprcSeut2tIy.s t..,.
nom AndroscOggiu county, and represent
| ing the common cause OF all kcpl'
Senators and Representatives elect ra. -.
ed today from your honorable ooar tf
| following definite answer, delivered Pa
ENceuencv Governor GarCelOu boz lut GU.
| ell, viz;
That no one could be permitted under
| circumstances 20 inspect the returns 'i ...
/ OF senators and Representative.
His excellency was pleased to as-
refusal on the conclusion of your honorable.
| board that the statute OF ISL, SO ..-
relates 10 senators and Representa-.
unconstitutional Under that >,uu-.
| E1cellency was pleased 10 say t.Ht t-e
turns FOR county officers would H.
shown 10 candidates. but that u1 r.
| FOR Senators or Representative .ou..
show 20 any one. Your HONORABLE.
will permit the undersigned 20 rcmar.
they never grounded their right 90 iC>
the returns on the act of 1877 alone.
the right they are demanding is one aa-
formlv enjoyed by their predecessor, n'W
the foundation Of the government and bow
Tor the first time denied The unlcr> guca
therefore cannot see how a right culoft1
IN this state under the Constitution. pt
never hitherto withheld could Doe af'r,t..
bv the constitutionality or uDcou>titufCu.
llitv OF the statute referred 20. Il.N a-.
especially unable 70 see how the executive
department of the government eau seq
aside the plain directory language az STAT
ute The law In question says definitely
and without qualification I'm its cOuCiuu ~
clause that Its provisions 80 Gan as t,vy
relate 10 the correction OF returns saa. De-
applied ia determining the election cd; o.
ator- and Representative 20 the stat. ..---
islature
Your honorable board now dce',g. t.at
this law is unconstitutional, % CauClls .y"
which you certainly had not reached v.,.
on November 18th YOU ISSUED thc uo ,o
under the twenty-day provision FOR cor.'r-
tionS contained in the same >e,t... .'y
which the above quotation Is mloe.
honorable board will permit t.e
signed 90 remark that you ct' 49, 9Th.
tiuction OF being the first GHy,ruH, ...
Council who have directly assume. '.
duty Of the judicial department of uur S.
crumsut IL has been the practice u;
and prudent Executives 20 invoke Tie iul,
mrnt of the supreme Court ou all 'u0i.t-
tant questions OF law and upon solemn ".-
ca>ious" as provided In the Constitute
when doubts respecting a statute might
arise But your honorable board wi,hot
that reference 20 the Supreme Juuclu'
court which The Constitution ~ Main.
specially provides for, assume o. ST. H~.d.
the plain provision OF law now cu the
statute books. IL your honorable board
can 10 this in one case You can readily DO
it IN Others. and the execution OF oar one
tire body of laws is thu made Oh deepen.
on the opinion which your honorable board
may have A. % the coustitutioualty % ta,
several parts with the reserved r. sht Wi.-'
YOU have exercised IN this case " clal
!uS YOUR conclusion iu the space o'
teen DAYS II this DC the definite basis
which your honorable board propose b.. =.
ecute the l2ws ofthc State, 10 voH..
cirul act - notify the people a- g..
| laws your honorable bo4rI regard .. F..
! ing. and which as inopcr4ty,. 500. .t.
ialiv a. 90 which statutes age -..
change ~ construction beyond .l. U..
Of fourteen days.
We respectfully submit taatae
| al, we have the same right ,a ".
| the conStitutiouality or the uuc..-.
ality of law Tor ourselves that l..
orahlt board may have for yourN..,.-
/ laws duly enacted are binding gu.. I'D,
/ al or set aside hy judicial decision
Your honorable board Is guilty son
permit Us 20 say. OF glaring u,Dra.'...
power whenever you decide to DISC.
auuul or refuse 20 execute ans o." ..
| statute book Instead OF this UrlI.....
| ell course. why not ike YOUR cgrtt.. t-...
ceS,ors Of all parties. submit the ga.--..
/ 90 the supreme Judicial Court 90 t.
mine what our rights are under The Cons .-
| tuition aud laws - interpreted aut tc...'
/ Ell by q long line OF lllu>triou> Judicial ..-
cisionS You are no more ahoVs Che ..H
\ than are the undersigned. Nay. pfa! f.
zen~. those called 20 eNeCut, the laws shout"
/ be tho most ready to show the cNsmp., 3D..
lutiful obedience 20 the law. By lly at.
/ ar conduct YOU encourage INSTRUMENTATION
that : but a single step from suar..,
/ We are asking for no rights not plainly CON.
/ f-rrcd by the Constitution itself un right
Il that have not been freely accorded tu ell
| our predecessors The AnElo-SaNou u.uo
/ dcteSt> hidden returns and secret court,
and star chamber councils, and drm.-- {,
I fair play and open proceedings and % c.4-
/ did tribunal 40 every step. The organ,
/ law of Mains which demands al ope-col- q
and an open return signed AND scaled "a
open town meeting. never contcm..1t
/ that the same return a. soon - IL rea,
the Governor and Council should lccom .
secret paper, invisible 10 all persons exec
those who, as in this instance, may have ;
hidden motive for the COncealmeut
Every member Of your honorable h'sr
Is politically hostile 10 the Republic r..
". But vast plurality of the uc1g.. ID
Maine decided by al open vote J5 t.'.--
the admin StratiOu Of their state -uF-..
meut 10 the candidates OF the Bebubu-E
party and YOUR honorable board now o.
eide that no successful candidate FOR st..
tor or Representative in that party Shsi
80 much Is look az al election Tetur.
though you have 20 usurp the functions o.
the judiciary 70 prevent him. Denied 10y
your honorable board the common right o
inspecting election returns heitherto ac
corded 10 all candidates denied the rig
% appearing before the Executive Couuci
Of Maine heithertO freely accorded 10 al
citizens treated with discOurtesy and IN
dignity when preferring requests never DC
fore refused, the undersigned present this
solemn protest. While reSortiug 10 othc
forms OF redress the undersigned protes
against the arrogant and unauthorized u.
| snr1nfinn of nnMer the unnrrre.lnnted d.