Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1880-01-02
Gov. GarcelOn's Questions.

Gov. GarcelOn's Questions.
The following are the questions which Gov
ernor Garcelon has submitted to the Supreme
Court.
]. When the Governor and Council de-
eide that there is no return from a city. on
which representatives can be summoned to
attend and take their seats in the legislature,
is it their duty to order a new election; or is
it competent for the house of representa-
tives, if it shall appear that there was an
election of such representatives in fact, to
admit them to seats. though no return there
of was made and delivered into the office of
Secretary of State?
.. Is it competent for the Governor and
Council to allow the substitution of others
in place of 1.-THE returned copies of such
lists" as are provided for in article 4, part
first, section 3. of the constitution, to enable
them to determine what persons "appear to
be eiected' representatives to the legislature
| .sby plurality of all the votes yefWrnedf'
| 3. Is return, signed by less than ma
! jority of the selectmen of q town, or the al
darmen of city, valid within the require
mcnts of the same section?
| 4. Is a return by the aldermen of city.
which does not give the number of votes
cast for each person voted for as member
of the legislature, and does not show what
persons were voted for as such members, in
any one of the several wards of such a city,
valid return within the requirements of the
same section?
s. Are returns from towns or cities, which
are not attested by the clerk. valid within the
same section.
g. Have the Governor and Council right
to reject returns of the election of members
of the legislature, required by the same sec
tion from the officers of towns, which were
not made signed or sealed up. in open town
meeting?
T. Is the return of two persons, purport-
ing to be the selectmen of town, valid and
sufficient evidence of the vote of the town,
when it appears that there were at the time
of the meeting at which the election was
had, but two selectment of that town?
8. Can person who is not a citizen of
the United States at the time, be legally
elected or constituted selectman of town?
9. IF a ballot has a distinguishing mark,
in the Judgment of the Governor and Council
such as would make it illegal under the stat
ute, have they authority to disregard it in
their ascertainment of what persons appear to
be elected where it appears by the official
return of the officers of the town that such
vote was received by the selectmen subject
to the objection, and its legality referred to
the Governor and Council for decision?
10. If the names of persons appear in the
return, without any number Of votes being
stated or carried out against them. either in
words or figures, is it the duty of the Gov
ernor and Council to treat those persons as
having the same number of votes as another
person received for the same office, and whose
name is placed first in the return, if they find
dots under the figures words set against
such persons name?
IL. Have the Governor and Council the
legal right to decide what kind of evidence
they will receive, and what the mode of pro-
ceeding before them shall be to determine
the genuineness of returns required by the
article and section of the constitution above
mentioned?
IL. If the Governor and Council have be-
fore them two lots Of votes returned from the
same town, differing materially from each
other in the number of votes returned as cast
for the same persons, but identical in all
other respects. both having been duly re-
ceived at the Secretary's office, and they have
no evidence to enable them to determine
which is the true and genuine return, are they
required to treat either Of them as valid?
In . speech made at the indignation meet
ing at Ellsworth, Tuesday evening, Hon.
Eugene Hale said:
On the first Wednesday in January the peo-
pie of Maine are wont to assemble in the Can
itol of the State at Augusta to witness the IN
auguration of the government which shall
hold power for the year to come. 1t is a
spectacle which interests all men, women
and little children who throng the rotunda,
the corridors and galleries by hundreds.
Everybody is free. everybody is peaceable.
everybody is welcome. This year it is all
changed. the building is baricaded. the Mont
gomery Guards hold it and its avenues
armed men stand at the door with lists in
their hands and the citizen is eliminated
from the asscmblagc. Men start at such a
picture and doubt that it will ever be seen.
Four. yes two. weeks ago l should have
doubted. Now l fear that such is the cup
which will be presented to us. am in favor
of peace. want it kept. want pure and
peaceable emergence from the dangers which
beset us. I vet hope for and expect it, though
shall not dwell upon the ways by which it
can be brought about. Let us hope for that,
long for that. pray for that. Bat, vet eight
men who sit as despots have sat before in
places that seemed safe and rock-rooted and
which vet were but an inch from the volcano,
warn you not to 60 too far in your expert
ments in the forbearance and moderation Of
the citizens Of the State.
Harvey d. Hadlock of Bucksport, . lead
ing democratic lawyer of Hancock county,
prints letter in the Bangor Wing, review