Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1880-01-02


The Constitution also provides that each
House shall he the judge of the elections OF
its own members" TIE Maine Republicans
challenge the FuSionis;s to cite statute,
precedent or decision comforting authority
upon the Governor and Council 10 go behind
the face OF the returns. When they rceCiv-
ed aitidavits and rejected returns they trans
cended their Constitutional authority and
usurped that of the Legislature. But if this
were not so. at least one town, that of Buck
field. is mentioned 10y the Republican sjour-
nails Of Maine, in which the returns were not
made up in open meeting, and were hot re-
iected hv the Council The obvious reason
why is that Buckiield gave a Fusion ma
iori;v It is stated that this is hut one of
many similar cases.
Again the Committee mention a number Of
Representatives who were thrown cut because
the initials of their names were omitted in the
returns. Thus. in the town of Danforth. the
Republican votes were cast for Charles y
Rolfe, but it seems that the Democratic clerk
of that town returned them as for Charles
Role. The Council threw out Mr..
Rolfe, though a statute, the law Of 1877,
ignored throughout by the conspiraiors,
authorized them To correct the return by the
record. So in the town Of Weston, Frank
C.. Nickcrson, Republican. is thrown out be-
cause the return omitted his middle initial,
But proof is offered that every Republican
vote cast in that town was printed " Frank
c." Another case is mentioned, which the
Council neglect 10 explain. In the Ashland
district (Aroostook County number OF
votes cast for the Republican candidate, Mr.
Burnham, were rejected because his name
was spelled Burnam," while the votes cast
for his Democratic competitor, AJr6d Cush-
man. were counted, though they Were Gro
neously returned rs cast for AFFORD Cush-
man!
4 statute provides that no ballot shall
he received by the election officers which
has q designating mark. In Skowhegan
the Republican ballots bore the names
of The canfitlatcs in tire columns in
stead Of one. The Council chose to consider
this 4 DESIGNATING mark. and threw out the
Skowhegan return, therefor. But the same
statute specially declares that ''no cate Mdii
De rsjtcttd On tbs acropnt THAT is on accoun,
of a designating mark ettor it las been re-
ceis.I int, To sgliot tor" The selectmen
received The votes and counted them, and the
Returning Board cast them ont in distinct
violation Of the positive statute, as well as
Of HAT provision Of the Constitution which
makes the legislature the judge of its own
elections.
The Council state that the five Represent
aiivrs Of Portland were thrown out because
a few vote were returned as scattering
The blanks sent 10 that city by the fusion
officials. contained heading of scattering.
expressly to nislca1 the clerks and if every
scattering vote were added TO The Democratic
column the licanrcpresentativcs would
still b. clcc'r.,' In previous years. and 10
later Than last year, Wien Democratic Repre-
sentgtives received their seats under I'll"
ruling, the Governor and Council have held
tia, the fact that part of the votes were
not properly given should not prevent count
inr the votes whic!, were. This year the Gov
erncr and cornell reversed tins practice cstah-
lishcd BY precedent The return of Cherryficl,l
was thrown om bc.ausr thcy learned, hy
affidavit. that one of the Sc!ectmcn was a
foreisncr and could not LEGALLY hold the
office. But. asks the Boston Jopraai, twas
there anvilirr on the face Of the return to
show that ore of the SelCctmcn was an
alien: WEI This Returning Board show
their authority for receiving afiidavilS and
deciGin- this question without hearing both
sides The names Of three Selcctmcn
were appen'ie,l to the return. If on the face
Of that r,tIrn there are the names of three
selcctmcn they have No power to 90 behind
it, and accept ailidavi's showing that be Is
an alien. Il the Returning Board had look
ed further in The reports Of tie decisions oi
the supreme Court. they would have found
tie case cf Franchvillc, where the clcik
made an affidavit that he was an alien, and
did moi know what was III the returns lac
signed. ,lic cnUr decided that the Governor
and Council n!us, Lc governed by the re-
turn. and th,y ccali not act upon an all
davii."
Another case is mentioned by tie com
mi,jce ahcrc a town was thrown outby them
bocquso ihrre wcrctw different returns for
war,lcd 80 them They had, they say, no
LEGAL cyid"nco which was the correct one
and s. they threw nut both In Other
words they throw out a perfectly legal and
correct return locausc, perhaps, som"
Democratic clerk or Other person, for the
sake Of a sy.;nGlc, s,nt with il false return.
In this way, oi course the vote If every
Republican town and district in Maine could
have been nuililich.
TIE above are samples of the excuses
but forth 10y the Governor ant Council.
Trir report, ia fart. susiains the positions
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