Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1880-01-07
THE COUSTING-OUT BUSINESS.


| in the city. Early in the afternoon the Au-
gusta House was full and the other hotels
| were more or less crowded. From the post
office to the capitol bodies of three. four or
| more were continually passing and repassing.
At the Augusta House the corridors were SO
full that with difficulty one could elbow his
way along and again in the waiting rooms
| the same throng of men met the view. Every
one was busily engaged, either in renewing
the acquaintance of old friends or making
sation the topic could at once be discerned
from the gestures and looks of the parties.
One man declared he could tell fusonist as
far as he could see him. There vas a kind
them, especially those who have accepted
stolen certificates. Among the latter was
found f. II. Gibbs of Bridgton, who in an
| swer to the question if he was going to act
with the fusionists. said: ''That is what I'm
here for, and of course l shall do so. You
may put that down" Here and there you
would see sympathizing friends surrounding
a counteI-out member. All of them seemed
to think that their days of probation were
few, and that they would soon occupy the
seats to which majority of the voters called
them. 1t only natural that they should
entertain little friendiness towards those
men, who, after the very foundation of their
defence has been shattered by the Supreme
Court, should persist in occupying a seat
which they know lawfully belongs to their
neighbor; and many expressions were used
openly by these aggrieved men, and many
remarks were necessarily swallowed by the
plotters present and their supporters.
A Democratic Decision Worth Remem-
bering.
r. X. Simonton, Esq, of Camden, furnish
es us with the following Democratic decision
in case parallel with that of Cherryfeld,
which he gathers from Contested Elections
in Congress"
In 1856, r. J. ID. Fuller and James A.
Miliken were candidates for Congress in the
(then) eth District of Maine. The election
was so close that the throwing out of sim
gle town. would change the result. Fuller
obtained the seat, and Milliken contested his
right to it, alleging that the vote of Hancock
Plantation should be thrown out because the
municipal officers were not legally elected,
having been elected contrary to the law of
this State, in the month Of April instead of
March that the meeting, having been called
and presided over by persons not legally
elected, not a legal one, and the vote
should be thrown out
The committee of the House of Represen-
tatives. reported in substance that while they
were divided as to whether the officers so
chosen were legal officers, they were unan-
imous in the opinion that the persons acting
were officers de faet0, and the meeting le-
gal one.
This is the rescrpt of the decision of that
Democratic House:
where it was alleged that municipal off,
GERS conducting an election were not elected
in strict compliance with law of the State,
held, that as no fraud was alleged, the per-
sons officiating were officers de facto and the
election valid
Bv repeated decisions of our highest court,
marriages and acknowledgement of deeds by
persons not qualified, but simply justices of
the peace de facfo, have been held valid.
What wonderful lawyers our Governor and
Council are!
est Struggle.-A Bright Look for the
Republicans.
The following letter was sent to Governor
Garcelon yesterday:
AuGusrA, Me-, Jan. 9Th $780,
To HIS ETcetiency, 4ionzo Garceion, Cor
eraor Of Maine:
The undersigned appointed a Committee
bv the Republican Senators and Representa-
tives-clect, respectfully submit that the pre-
sence of an armed force in the State House.
and the collection therein of large quantities
of munitions of war are greatly deplored by
the order loving and law-abiding citizens OF
Maine. This is the sixtieth year of the State
Government of Maine, and the fiftieth year
that our Legislature have met in the present
capitol, and never before in our history has
an armed man been seen within the walls of
that building, devoted by our fathers to Or
der. Law and Peace. 1t is great public
scandal that at the very portals of a building,
Thus copsecrated, armed sentinels should be
pacing, and that pass words, inspections and
signals are requisite to admission within Its
walls Free Laws cannot be enacted under
the presence and pressure of armed force,
and il is cruel mockery to ask the Legisa-
ture of Maine to assemble with such sur
roundings. >.
Under provocations of the most extraordi-
nary character the Republicans of this State
have discouraged resort to violence, and
have deprecated all unlawful outbreaks But
while by self-imposed restraints they are
maintaining Law and Order under circum-
stances we'll calculated to arouse angry re-
sistance, they cannot view with unconcern
an utter defiance of Law by those who are
sworn to execute and maintain it. And your
| Excellency must be aware that the course
complained of is calculated if not directly in
tended to encourage violation of law and gen.
eral disorder. 1t is not easy to find section
or line of Law, justifying or authorizing the
Governor to make an arsenal or fortress OF
the State House, but it would be easy to show
statutes that are defiantly broken and disre-
gardcd thereby.
We, therefore. on behalf of those we rep
resent. respectfully request that Your Excl
lencv will see to it that a free building and
| free halls shall be provided for the Legisla-
,nre of a free people. and that no attempt
shall be made to degrade and dishonor the
great law making Department Of the Govern
me,t by compelling the Senate and the House
10 meet on sufferance and by the PERMISSION
of an armed force.
| .n-cas,lv II is hecNusp deep