The Portland daily press., 1880-12-06
clared elected Governor, unless the Republi-
cans abandon the position they assumed be-

clared elected Governor, unless the Republi-
cans abandon the position they assumed be-
fore the election and induce the Legislature
to refer the matter to the Supreme Court. A
few Republicans have, as it appears to us, been
SO illogical and inconsistent as to suggest such
course TO the Governor and Council or the
Legislature-elect. No member of that party,
however, has suggested that the Legislature
shall proceed upon the assumption that the
amendment does not apply to the Gubernato-
rial vote Of 1880. We do not believe that the
Republican Legislature which meets in Janu-
ary will take steps to question the application
of the amendment to the vote Of 1880. Several
of the leading Republican lawyers In the State
have written opinions sustaining the amend
ment, but we have yet to learn that any prom
inent lawyer has given those who doubt the
application OF the amendment to the Septem-
Der vote any sanction for such objection over
his name. One thing, however, is certain
nearly all OF the leading Republicans and par
ty journals that have expressed opinions on the
subject are decidedly opposed to any attempt
to question the validity of the amendment.
Indeed, the opposition to sending the question
to the Supreme Court is well-nigh universal.
There Is one other point. The returns OF
the Clerks, which in Maine are made TO be
kept on file in the office of the Secretary OF
State and are in no sense official, as they are
not used in counting any vote, show that many
errors have been made and that these errors
more largely affect the vote of Plaisted than
that OF Governor Davis II the official returns
OF the vote for Governor (Which will not be
opened till the meeting of the Legislature and
which are counted by that body contain these
errors, the Legislature might take advantage
OF the technical errors and declare that Mr..
Davis has plurality of the votes cast for Gov
ernur. There are those who hold that this
counting of votes according to the face of the
returns was one of the chief offenses of the
Garcelon conspirators, and that the counting
out OF General Plaisted would be an offence
OF the same nature. This is scarcely correcte
because there is law in force which permits
the correction of returns SO that they may
agree with the records of town clerks, and re-
quires the Governor and Council to substitute
the amended returns in counting the votes for
county officers and members of the Legsla-
ture. This law does not apply to the vote for
Governor. 1t is held, however, that the Legis-
lature has authority, by resolution or other
wise TO count the votes according to the town
record If there be discrepancy between that
and the return OF votes. But be this as 1t may,
no man will pretend to claim that any votes
were actually cast for any other Plaisted than
Harris M If, then, there are any returns
which indicate that votes were cast for Harri-
son NJ, or Harris W. Plalsted, il is a mistake
OF the election officers. To all such rnturns
the Legislature of Maine should, al " be-
lieve Will, apply the broad and genera princi-
pies laid down by the Maine Supreme Court
last year when it said to Governor Garcelon:
1T is enough if the returns be understood, and
If understood, full effect should be given to
their natural and obvious meaning" The
''obviouS meaning" of every return which
contains the name Of Plaisted, is that the votes
were cast tor Harris M. Plaisted, and were
cast by men who desired his election. In our
opinion, the Republican Legislature will COM
NIT not only political blunder, but will strike
a blow at popular government if they should
refuse to count all votes which appear to be
intended for Harris M. Plaisted for him, and
would deserve measure of that denunciation
which they have SO freely and justly bestowed
upon the Garcelon regime. 1t matters not that
General Plaisted heartily sustained the lawless
and reckless men who changed the "P." in
oliver p. Bragdon's name into "B" and
mus counted him out. The Republican Leg
islature Of Maine will find itself in disgrace at
once il it makes such a creature of circunl-
stances as Plaisted has shown himself TO be, an
example to follow, or even a miserable pretext
to dodge behind. And we bav no reason to
believe that it will do so--not the least.