The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-01-24

fact, whether there was any difference between
the record and the return and which was cor
rect, and in no instance did they refuse to cor
rect a return by copy of record of the town
made in open town meeting, or by CODY of
the record made as is required by the constitu-
ton
In several instances where the original re-
cord was presented and found to agree with
the returns records were afterwards presented
which had been made up by town and city
clerks long after the original records were
made, and in most instances after the returns
had been opened the Governor and Council
and hadcompaIed the returns with the original
records, and found them to be in entire cor
respondence Herewith Such new record not
made in any open town meeting the Governor
and Council decided were not admissible to
correct returns, and they decided as matter of
fact in all such cases that the original return
and record were correct, and therefore in no
instance did they correct the returns by such
new and amended record. In some instances
oral evidence was offered to prove that the
votes cast were not intended for persons named
in the return and original record. In all such
cases the Governor and Council found, as mat
ter of fact, that the original return was correct,
and determined not to make any change upon
the verbal evidence.
Twenty days before the first Wednesday in
January, 1880, the Governor and Council is
sued summonSeS to such persons as appeared to
be elected thereto by plurality of all the
votes returned TO attend to take their seats in
the Senate and House of Representatives as
the constitution requires. In no instance was a
summons issued to person who was not voted
Tor or who was not elected by a plurality of all
the votes returned, as appeared by returns
duly examined and adiudicated upon by the
Governor and Council as hereinafter set forth.
The Governor and Council examined the re-
turns from the cities of Portlund, Saco, Lewis
ton and Bath, and found, ascertained and de-
termined, as matter of fact, that said returns
did not show that the aldermen of either of
said cities did IN the presence OF the city clerk
open, examine and compare the copies from
the list of votes given in the several wards of
the said cities, or that the city clerk of said
cities made record thereof and that retuan
thereof was made into the Secretary of States
office, in the same manner as the selectmen of
towns are required to do. They also had
before them the original records from said
several cities and heard evidence and
counsel interested therein, claiming there
was evidence of an election in said cities and
thereupon considering the returns, the re-
cords, arguments and evidence adjudicated
thereupon and found as matter OF fact that
there was no sufficient evidence before them
which would warrant the correction of the
original returns or which proved to their salts
faction that any persons were elected as Rep
resentatives from said cities, and they there
fore declared and reported vacancies in the
same. In the case of Portland record was
made up by the city clerk after the original
return and original record had been examined
by the Governor and Council differing mate
rally from the return and original record.
But the Governor and Council decided that
such evidence was incompetent to establish an
election in said city.
The Governor and Council made report to
the Secretary of State in due form of names Of
PERSONS who were elected Senators and Repre-
Sentatives to the Legislature as aScertained by
them from an examination of the returns and
to whom summonses had been issued, and the
Secretary of State furnished to the secretary
of the preceding Senate a certified roll under
the seal of the state, and names and residences
of Senators-elect, according to said report of
Governor and Council, from which it appear
ed that 81 Senators were elected and had been
duly summoned; and the Secretary of State in
like manner furnished the clerk of the pre-
ceeding House of Representatives a certified
roll under seal OF the state of names and resi-
dences of Representatives-elect, according to
the said report of the Governor and Council,
from which it appeared that 139 members
were elected, and said Secretary also reported
the vacancies in said several cities, which
were IL in number, copy of which said certi-
fed rolls are referred to as part Of this report.
On the first Wednesday of January, 1880,
pursuant to the Constitution and laws of the
state, members of the House of Representa-
tives elect holding summonses from the Gov
ernor and Council to attend and take their
seats therein, duly issued as above set forth
duu WuUSo idlilSo 6ppcdISu OH tu0
roll of members of the House, assembled in the
hall of the House of Representatives to the
number of 135 members and were called to
order by w. e. Gibbs assistant clerk of the
preceding House of Representatives, 3D. L.
Staples clerk of the preceding House being
unable ia act,) who presided until the mem
bers were qualified and the Speaker elected,
Said roll from Secretary of State of Represen,
tatives elect was called by said assistant clerk,
and 135 members responded to the call and a
quorum was found to be present. Seventy-six
members of said house whose names appeared
upon said roll thereupon took and subscribed
the oaths required by the Governor and coun-
Gil, and said rs members all being present and
taking part in said meeting ballot for
speaker was then had, and John G. Talbot
having received y votes, was elected speaker,
and upon further ballot being had, Wingate
E. Gibbs having received "a votes, was elected
clerk. Subsequently. on the same day. Stephen
J. Young, member from Brunswick, whose
name was contained upon said ROLL was duly
qualified and took his seat. The records of
10, and including tho III. ~
made part of this report, as also said certified
roll. During all of said first Wednesday of
January there was opportunity for all
other members to qualify, but So members
neglected and refused so to do
Subsequently on later day so members
applied to the president of the Senate, who
had not then assumed to act as Governor to
council of the preceding year, no new council
being elected, which the president of the
Senate declined to do at that time, but after
that time, having assumed the duties of Gov
ernor, namely, on the morning of the twelfth
day of January, notified them thai he was
prepared so to do, but said 60 members ne
elected and refused to so qualify thereof In
the night time of the same day, at o'clock in
the evening, the said sixty members and two
others who had duly qualified, together with
l,~1I
appear and take their seats and whose names
were not on the certified roll, but who claimed
to be elected, making "a in all, met in the hall
of Representatives without giving notice to
the rs other members already duly qualified,
or giving them any opportunity to take part
in their proceedings if they should so DESIRE
although the election of 60 of said 70 members
was undisputed and who held summonses to
appear and take their seats, and whose names
were on said certified roll, and attempted to
organize House of Representatives by choice
of speaker, clerk and other officers, after be-
ing qualified by taking oaths prescribed by the
constitution before VIM. M. Stratton, clerk
of the court for Kennebec county, and author
lied by dedinouS poteStdteno to administer oaths
according to law. Eleven other persons hold
ing no summonses and whose names were not
on said roll, were then admitted as members of
said body and were qualified by said Stratton
as above, after which they proceeded to the
election of officers as above set forth and after
attempting to transact some further business,
said assembly then adjourned to Saturday the
18th of January.
The statement then recites the facts with
regard to the organization of the Republican
and Fusion Senates in precisely the same way
as the organization of the Houses is set forth.
In that which was done as herein before set
forth by the Governor and Council, they acted
in ascertainment and performance of their
duty under the constitution and laws, aided by
the previous opinion of the judges. The
opinion of he,judges promulgated the fifth day
of January, 1880, was not received until long
after the Governor and Council had completed
their duties as herein set forth, and certified
rolls had been made out by the Secretary of
State and forwarded to the Secretary of the
preceding Senate and Clerk of the preceding
House, of Representatives.
In their organization and choice of President
and Speaker on the first "Wednesday of Janu-