The Portland daily press., 1880-04-09

| and Council threw out the vote of the tow
| and thereby counted in another fusion rep
| resentative.
The conclusion is irresistible that there wa.
| deliberate plan to give time and to furnish
information from the returns to parties il
| sympathy with the Governor and Council po-
| itically, upon which defects in cases inju
| riously affecting the fusion candidates could
| be cured, and cases could be got up under
which Republican candidates could be count
| ed out.
In no case was a defect in return which
| operated against a Republican candidate al.
| lowed to be corrected, and in no case which
| we have found was there any denial CT the
| right claimed by the fusioniss TO get up case
| on ex parte atfidavits against Republican can
| didate, upon facts touching the returns but in
| no wise appearing upon their face.
| The conspiracy must have had its seats at
| Augusta, and the council both kept the re-
turns from the inspection of Republican can
didates and delayed its action in order that
the parties who were acting outside as fhe in
strumentS of the conspiracy could have full
swing i'll which to do their work.
APPLICATION OF THE RULES AND PRINCIPLES
LAID DOWN BY THE GOVERNOR AND COUNCIL.
One OF the strongest proofs of the existence
of a determination on the part Of the governor
and council to secure the control of the legisla-
ture is found in the manner in which they ap-
piled the law as they interpreted it to the
cases arising before them.
For instance-one of the rules laid down as
found IN the report made and published by
the Committee ON Election Returns of the
grounds on which their action was based was
that under decision of the court the returns
must be signed by each of the town officers
individually.
Under this rule, because the signatures on
the return from New Sharon bore some re-
sembance to each other the return was re-
jected, although the town officers forwarded
affidavits establishing the fact that each officer
had written his own signature under this
Republican Representative was thrown out
AS an offset to this your committee find that
in the town of Somervile, in Lincoln county,
where the signatures of all of the selectmen
and the town clerk are plainly and undeniably
lD the handwriting of the town clerk, and when
the town clerk testifies that he wrote them all,
yet, as the vote in the town resulted in fusion
majority OF eleven, and a senator depended on
that vote, the return was received and counted,
and upon it a certificate issued to Isaac L. Hob
son, the fusionist candidate, it being necessary,
as has already been shown to also throw out
the vote for the Republican Senator in said
town.
Another rule laid down was that where ini-
tials were used in the ballots instead of the
full Christian name, the votes must be counted
as thrown for two persons. Under this rule,
in the town of East Livermore, the votes
thrown for the Republican candidate for coun-
ty commissioner were actually cast for Hiram
w. Briggs, and so recorded; but, by an error
in the return. they were set down as cast for
Hiram Briggs. .t
The Governor and Council refused to count
them for Hiram W. Briggs, but did tabulate
and count them for Hiram Briggs, by reason
of which he lost the vote of the town and the
certificate was given to the fusion candidate.
This case was the harder to bear because affi-
davits were filed showing that the votes were
actually cast for Hiram w. Briggs, and that
it was SO recorded in the Clerks record.
On the other hand in the town of Lincoln,
where the return showed that the votes for
county attorney were thrown for b. H. Mace
yet upon afidavits that the voters intended to
vote for Benjamin FL. Mace, the Governor and
Council tabulated and counted the vote for
Benjamin Ii. Mace, he being the fusion candi-
date, and receiving the certificate of election.
Other instances are found touching the ques-
ton of tie names used in the votes for differ
ent candidates where the decision of the Gov
ernor and Council was one way when it af-
fected a fusion candidate, and the other way
when it affected a Republican candidate.
In Oxford county one of the Republican
candidates for Senator was Francis w. Redlon
and in the town of Hanover the Republican
vote as shown by the return was for Francis
w. Redlond. The Governor and Council re-
fused TO count the vote for Mr.. Redlon and he
lost the vote OF the town. But in Lincoln
Plantation in the same county while the fusion
candidate was Charles Rankins, the vote of
the plantation was thrown for Charles Rankin,
and the Governor and Council tabulated and
counted N Tor CnarleS banklnS, ...-
In Washington county where one of the fu-
sion candidates was James r. Talbot, the Gov
ernor and Council tabulated and counted for
him the votes of the town OF Talmadge which
were returned as thrown for John r. Talbot,
and also the votes of Kossuth which by the re-
turn were thrown for James r.. Talbart.
In Cumberland county one Of the fusion can
didates for Senator was Isaac F. Quimby, but
the New Gloucester and Raymond vote was
thrown for Isaac FiQuinby. The Governor and
Council tabulated and counted the vote for
Isaac f. Quinby, while in Aroostook county,
where in the Ashland district John Burnham
was the Republican candidate for the Legisla-
ture and the vote of Ashland was returned for
John Burnam, the Governor and Council re-
fused to tabulate and count it for John Burn
ham,
The towns of Stow and Denmark afford 9th
er instances of this Inconsistency in applying
the Governor and Councils rule as appears in
the printed testimony.
A strong instance of the perversity of the
Governor and Council, and their determination
to count in a majority of Fusion Senators and
Representatives, at the expense of Republican
candidates, is found in the action of the Cover
nor and Council in the cases of the cities of
Portland, Lewiston, Bath, Rockland and Saco.
In these cases no argument or citation of law
could induce the Governor and Council to GER
titcate the Republican Representatives who
had been elected by large majorities, and even
after the opinion of the Justices had been re-
COlVSu auu all opportunity was Oil6f6Q 10 set
the matter right, the rejection was persisted in.
In this case Governor Garcelon testiies that
he advised his Council after the opinion was
received that the Republicans in Portland
should receive their certificates, but he was
overruled.
In the district composed of the towns of Exc
ter and Garland, two brothers, viz, Geo. S.
and Francis W. Hill, were rival candidates.
The town of Exeter returned its vote for f. w.
Hill, 220, G. s. Hill, 146, while the Garland
return showed that Francis W. Hill received
131 votes and George S. Hill 211, while in fact
the Exeter votes were cast for Francis W. and
George S., and not single vote in either town
being cast for either f. w. or G.. S. Hill, thus
showing that on the vote actually cast George
S. Hill had decided plurality Yet the Gov
ernor and Council refused correction under the
law of 1877, by allowing proof that the votes
were in fact cast for George S. Hill, and that
G. s. and George S. Hill were one and the
same person, and decided that there were four
different persons voted for and issued a certif-
cate to a mythical +. w. Hill for whom not
one man in the whole district had voted
THE IMPROPER USE AND EXPENDITURES OF PUB-
Lie MONEYS UNDER THE CONTROL OF THE
GOVERNOR AND COUNCIL.
Your committee have explored this subject
so far as to disclose great Irregularities and
miSuSeS OF public moneys. The accounts of
the several members of the Executive Council
which are submitted and make part of the tes
tunity of making charges against the State and
drawing pay from the public treasury.
Attention is especially called to tho extra
charges made for work as members of the
"election committee" while the work of tabu-
lation and preparation was being done, which
resulted in the counting out" In some cases
these extra charges, as in the accounts of Mr.
Fogg and Mr.. Brown, amount to considerable
sums of money, and the payments were re-
ceived in addition to the regular per diem pay
which was received for the same time.
The Echarges of this kind show that the
tabulation and preparation of the re-
turns cost the State about eight hundred
and fifty dollars If any part of the five hun
dred dollars paid Mark Harden for his extra
services in addition toh his salary was earned
for this service the expense would be greater
than the sum named. Ordinarily the extra
expense of tabulation has been less than one
hundred dollars.
No doubt the extraordinary work performed
by the Council in connection with the returns
was onerons and wearing but it is question
able whether the people who furnish the
money will be gratifed to find that so much of
it was spent to accomplish such result.
THE APPROPRIATIONS.
Your committee have examined into the
condition of the various appropriations made
for the year 1879, for specific purposes, and
find that they have generally been stripped