The Portland daily press., 1880-04-09
STATE Of MAINE,
IN HOUSE Or REPRESENTATIVES,.

three members OF the Senate, be appointed, whose
duty it shall be examine into the condition of the
.'election returns lately given up the Secretary
of State, the warrant and appropriation books and
all other books and papers of the Governor and
Council for the year 1879, and extending to the
first Wednesday of January, 1880, and to report to
this legislature what suppression or alterations, if
any, have been made III said returns, and what
means have been resorted to for such purposes:
and also in what and in what manner the will
of the people shown in the last annual election,
has been disregarded and attempted to be defeated
either by illegal construction of said returns or
changing or tampering with them, or by whom the
same has been done, or attempted to be done. Such
committee shall further report to this legislature
upon all undue and illegal expenditure OF the money
of the State by or under the direction of the Gov
ernor and Council for the period before mentioned
or by any officer of the State, by any employee
of or contractor with the State during said time.
And for such purposes said committee shall have
power to send for persons and papers, and may en-
ploy such clerical and senographc force as may be
necessary.
Read and passed,
ORAMANDAL SMITH, Clerk.
IN House OF REPRESENTATIVES,
Feb. z, 1880. I
House appoints Messrs. Hale of Ellsworth Strout
of Portland, Lord of Bangor ingalls, of Wscasset,
Springer of Yarmouth, Cook of Lewiston and Hill
of Corinth on its parI.
Sent up for concurrence.
ORAMANDAL SMITH, Clerk.
IN SENATE, Feb. 8, 1880.
Passed in concurrence, and Messrs. Hawes of
Cumberland Harris of Washington and Strickland
of Aroostook appointed on the part of the Senate
The Joint Select Committee of the Legislature
under the order above recied have attended to the
duties imposed upon them and present the fol-
lowing:
The general condition of public affairs in
the State of Maine which gave rise to the Gre
alton of the committee is too well understood
to call for much comment here.
The general election for the year 1879, on
September Sth, was hotly contested, and the
bn
State, party feeling ran high and the keenest
interest was felt in the result.
Three candidates were in the field for Gov
ernor, and as majority of votes is required
by the constitution to elect to that office, it
became well known soon after the election
that there had been no choice by the people
for Governor and that the Office must be filed
by the Legislature which had just been elected.
Itwas currently reported by the newspa-
pers, and generally accepted by the people,
that majority in both the Senate and House
of Representatives had been elected by the Re-
publicans, but nothing official touching this
could be known until the action of the Gov
ernor and Council to whom by the constitu-
tion and laws of the State, is committed the
task of opening, examining and counting the
returns and of seeing that certificates of cleo
tion are issued by the Secretary OF State to the
proper persons, viz: 'those who appear to be
elected by plurality of all the votes re-
turned"
In article 4, part /, section g., of the consti-
tuition of Maine, the duty and powers of the
Governor and Council in this regard are laid
down as follows: 'And fair copies of the list
of votes shall be attested by the selectmen and
town clerks of of towns, and assessors OF plan
tations. and sealed up in open town and plan
tation meetings.; and the town and plantation
clerks respectively, shall cause the same to be
delivered into the Secretary's office thirty
days at least before the first Wednesday in
January annually. And the Governor and
Council shall examine the returned copies OF
such lists, and also all lists of votes of citizens
in the military service returned to the Secre-
tary's office as provided in article second, Sec
tion four of this constitution; and twenty days
before the said first Wednesday OF January,
annually, shall issue a summons to such per-
sons as shall appear to be elected by plurality
of all the votes returned, to attend and take
their seats But all such lists shall be laid
before the House of Representatives, on the
first Wednesday of January, annually, and
they shall finally determine who are elected" F"
The same provision is made in case OF SEN
ators, and the manner of making up the re-
turns is the same in the cities of the State.
From the time of the election up to tie is
suing of certificates by the Governor and Coun-
Gil, the public interest increased, and when it
became known that a majority OF Democrats
and Greenbackers had been given certificates
in both bodies of the Legislature, great excite
ment arose and the meeting OF the Legislature
at the Capitol resulted in rival bodies, each
claiming to constitute the legal Legislature of
the State.
The three opinions of the Justices of the
Supreme Court the first being given on the
request of Governor Garcelon, settled all the
questions which cad arisen as to what persons
could constitute the legal Legislature, and since
the announcement OF the last opinion, legislation
has proceeded in the usual manner under a
general acquiescence in the result.
SUBJECT MATTER OF THE INVESTIGATION.
Your Committee have under the "Joint or
der" examined
First, the condition and treatment of the
election returns and second, the undue and
illegal uses and expenditure of public money
under the control of the Governor and Coun-
Gill;"
THE ELECTION RETURNS.
These embrace the returns from the several
towns, cities and plantations, for Senators.
Representatives and county officers Under
the law all of these are sent to and kept in the
Office of the Secretary OF State.
These returns remained in the custody of e
III. Cove, the Secretary of State for the year
1S79 and passed into the hands of Prince A
Sawyer, his Deputy, who was chosen by what
is known as the "Fusion Legislature as Mr.
Goves successor. When that so-caled Legis
lature broke up, MI. Sawyer retained the pos
session of the returns aud at first refused to de-
liver them up to the regular Secretary Of
State Sumner j. Chadbourne, but upon re-
hectlon ne changed MS SrouHu, anu Oh tnt
| thirty-tirst day of January, 1880, appeared al
the secretary's office and in person delivered
up the election returns for Senators and Rep
resentatives, stating that he delivered then
up in the same condition as he received them
The Secretary of State at once took posses,
| sion OF them and had them safely stored in {
lower room in his office, and specially placed
in custody of j. B; Milliken who il
well known as an old and responsible
Clerk in the office. Mr.. Milliken hal
| sworn that he took charge of them and allowed
no changes or alterations in them, and that
| when your committee was created he turned
them all oyer to George D. Bisbee, tht
sworn clerk of your committee, by whom the!
have been carefully kept in o steel safe, ant
whc has never allowed any of them to leave
his custody, and has permitted no examination
or inspection except in his presence.
The returns for county officers were fount
by the Superintendent of Public Buildings
| General Harris, and Major Frank e. Nye, OF
the 18th day of February, 1880, concealed il
The Governors's room, and by them at onc'
| delivered to your committee.
Your committee have been scrupulously ant
HAT fo,1 rx.rfth n