The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1880-01-02
Questions Submitted by Gov. Gar.
cekOn to the Chief Justice
of the State.
The Points Upon Which He Asks
Judicial Decision - Statement of
the Republican Counsel.
The Governor Repeats that He Will Vindi-
cate the Law.

1. When the Governor and Council decide
there is no return from q city on which Repre-
sentatives can be summoned to attend and take
their seats IN the Legislature. Is 1t their duty to
order new election. or is 1t com petent for the
House OF Representatives. IL 1t shall appear that
there was an election OF such Representatives
to admit them 70 seats, though no return
thereof was made and delivered into the Office
Of the Secretary Of State2
Becond-Is It competent for the Governor and
Coun Gil to allow the substitution OF other evil
dence In place of returned copies Of such lists
as are provided for In article L. part l. section g.
OF the Constitution, to enable them to determine
what persoI 4 appear to be- elected Representa-. a.
ttves to the Legislature By plurality OF votes
Thirds o return, signed by O mrjority Of
the aeiaetmen of a town, or aldermen of q city
valid within the requirements OF the same sec
tion2
Fonrth-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 III o
Legislature, and does not show what persons
were voted for a. such members In any ons of
fha several wards Of such city a valid return
within the requirements OF the same section
Ffth--Are returns from towns or cities which
are not attested by the town or city clerk valid
within the same secti0n2
Histh-Hays the Governor and Council the
right rfJeot retuI ns OF election OF members
OF the Legislsture. required by the same sec.
ing2
seventhIs return of two persona. pur-
porting to be selectmen of n town, valid and
sufficient evidences # the vote OF town. whom
1t appears there were at the time OF the meet
ing a. which the election was bad but two 80
Etghih-Can q person who Ia not citizen OF
the United States of the time DO legally elected
or constituted. aaeeetman Of town?
Nlntb-If n ballot las a distinguishing mark,
In the judgment OF the Governor and Council
such as would make IT Illegal under the statute.
hive they the authority TO discard 1t. In their
nscertainment of whnt persons apppar to be
elected, where II appears by he official return
OF the officers OF the town that such vote was
received by select men. subject to objections
and It's legality refarred to the Governor and
Council for dscisions
Tenth-If the names Of q person appear in
return without any number OF vots being
stated or carried out against them. either In
words or figures. is 1t the duty of the Governor
aud Council t. treat those persons as having
the same number OF votes as another person re-
ceivsd for the same Office. and whose name Is
placed FIRST In the returns. II thy find dots un-
der the figures or words set against such other
Eleventh the Governor and Council
the legal right to decide what kind Of evidence
eeeding before them shall be 70 enable them to
determine the genuineness OF the returns re-
quired by th- article and section OF the consti-
Twetnh-If the Governor and Council have
before them two lists of voters returned from
the same town. Offering materially from each
for the same Dereons, but ideptical In all other
respects. both having bsen duly received at the
o. able them to determine which Is the true and
genuine return, are they required to tfeat
either OF them as valid. and IL SO. viii b?
STATEMENT OF THE REPUBLICAN, ADVISORY COM
MIrTEE.
AUGUSTA. Me-. Dec. si.-In the statement
mate t. the Republican advisory committee.
Orvii o d. Baker, their counsel makes the fol
lowing ob-srvattons: He calls attention to the
fnp pf plf rot IN rn frnu Gt
well as this contained the votes returned as
"scattaiing' Cases Ia this State are numerous
sion OF Portland by Gov Garceon and his
Council is the first known instance In which a
return has been inyaidated thereby. In the
frst election In Maine his State. when VIM.
King was chosen Governor la 1920, the word
''scattering" appeared in the returns of some
OF the towns.
large part, of men who had taken part In the
formation of the G institution that same year.
1t is significant. circumstance that the board
thus COMPOSED should decide that the word
scattering" did not invalidAts the return. thus
giving ut the outset a construction to the con-
stitu ion by men who had assisted In framing
1t. Yet on account OF the use of the word
scattering" Gov. Garcelon refused certificates
to all five Republican candidates who nnques.
tionably received clear majority OF the votes
The four other dIsfranchised cities. Lewiston.
saco, Bath and r. ckland. were. be says, like
ent reasons namely: That the election return
from each city was signed by only three alder
men. whereas the Governor and Council do:
aetice OF former G ,vernors and Coun-
ellis this defect was easily supplied from the
record, but Coy dateelon ami his COUNCIL
agsrnvated a By the fact that ofi.lal blanks for
ecoa ~ returns for the f cites sent out out from the
contained ruled spaces tor signatures for
offices: First dotted line. with the word
nrst line came three dotted lines only. enclosed
with q biace at the end with the word Alder.
men" against the brace; closely following came
end. IL would be impossible. he says tor any
Intelligent man on looking at the blank to sup
pose that the signatures Of more than thres
State could give no reason for this extraordi-
hary form OF blank. never used in previous
ysars and Tor me rt time seen IN Maine
p,esumpt ve proof that desoerate plot was
formed in advance Of the election to disfran
ehise Republican cities. and that In the case Of
four of them the plot was successful.
DEMOCRATIC SENATORS INDoRsIaG dARcELoN.
WASHINGTON, Jan. lit Is understood that
there was II conference yesterday OF several
southern Democrats. The Maine situation
OF the consultation was dispatch sent to Gov.
Garcelon advising him not to recede from the
position he had taken. Gov, Garcelon replied
In a Dispatch, saying that he should execute
the law TO the lett7r.
THE JUDGES OF THE SUPREME COURT SUMMONED
TO PASS UPON THE GOVERNORS QUESTIONS.
BANGOR, Me-. Jan. 1.-Chief Justice Appleton
has summoned all the Associate Justices OF the
Supreme Court to assemble In this city to NOR
row to consider the questions prnpouDded By
Gov. Garcelon. which We're received by this
mornIpg's mail.
OPPOSITION TO. THE GOVERNORS AcTIoN-THE
FUSION PLAN AFTER THE LEGISLATURE
MEETS.
Boston. Jan. IA special from Augusta to
the Herald says: Il appears that not a single
memner Of the Executive Council agreed with
the Governor In his determination TO ask the
opinion of the supreme Court on the questions
growing out OF the recent election. Mr.. Pills
b,,r, str nnpoEad Tn the rlpn !.