The Democratic press. [volume] (Ravenna, O. [Ohio]) 1868-1901, 1880-01-01
GARCELON's vINDICATION.
What Was Done and Why it
Was Done.
THE REQUIREMENTS OF THE
MAINE CONSTITUTION AND
LAWS AND HOW THEY
WE'RE OREYED,

LAWS AND HOW THEY
WERE OREYED.
AUGUSTA, Me-, Dec. 2O.-While Mr..
Blaine was preparing indignation for
the Republican meeting in Granite
Hall Friday evening, Governor Alon-
20 Garcelon, M. D., sat TRANQUILITY in
his room in the Augusta House, fin
ishing statement which he has drawn
up for the benefit of the people of this
and other States. This is the first
public announcement made or author
lied by the Governor of. the principles
which determined the recent action of
the Council in refusing to count GER
tain defective returns, thus reversing
what the Republicans have claimed to
be the result of the late election. The
following statement is addressed by
Governor Garcelon to the public.
To THE PUBLIC: Telegrams and
suggestions having reached the under
sighed to the effect that Governor
Garcelon and his Council owe to the
Democracy of the United States in
particular, and the public generally.
IuI, cAPiiCie CAPiauaIiOu VI 0AaCuy
what they have done aud why they
did it, I herewith submit for general
information a concise statement of the
requirements in relation to elections of
Senators and Representatives in this
State, and the action of the Governor
and Council in the discharge of the
duty imposed upon them by that in
strument and the statute laws in ac-
cord Herewith.
The statutes regulate the mode of the
calling of meetings, but the Constitu-
ton prescribes the qualifications of
representatives, and declares that the
selectmen of towns or municipal Of
ficers of cities shall preside impartially
at such meetings, receive the votes of
all the qualified electors present, sort,
count and declare them in open town
meetings and in the presence OF the
town clerk, who shall form q list of the
persons voted for, with the number of
votes for each pesson against his name
and shall make a fair record thereof in
the presence of the selectmen and in
open town meeting and fair copies OF
the lists of votes shall be attested by
the selectmen and town clerks OF
towns and the assessors of plantations
and sealed up in open town and plan
tation meetings, and the clerks of the
several towns and plantations are to
cause the same to be delivered into the
office of the Secretary of State thirty
days at least before the first Wednes-
day of January annually; and the
Governor and Council shall examine
] the returned copies of such lists. and
twenty days before the first Wednes.
day of January shall issue a summons
elected by plurality of all the votes
to attend and take their seats.
So much for the Constitution. Sup
Elementary to this the statutes provide
(chapter A, section S2) that in order te
ballot, the number of persons voted
for shall first be ascertained by count
ing the whole number of separate bal
lots given in, which shall be distinct
ly stated, recorded, and returned
Blanks are not to be counted as votes
and votes for persons not eligible tt
the office shall not be counted as votes
but the number of such blanks anC
the number and names on ballots fOl
persons not eligible shall be recorded
and return made thereof. These pro.
visions of the Constitution and law.
apply to cities as well as towns anC
plantations, and impose upon them
that is, the municipal officers-th,
duty of examining and com mparing tn,
list of votes given in theseveral wards
of which the City Clerk shall make 6
record, and return thereof shall b'
made in the same manner as selectmel
J of towns are required to do.
Such are the plain and unmistaka
BILE provisions Of the Constitution O
this State, and in the discharge Q
their duty of examining the return
and issuing certificates or summons
the parties appearing to be elected, tn
Governor and Council have not Onl,
endeavored TO follow both the lette
and spirit of the Constitution and law
: made in accordance Herewith as ind
Gated by their own judgment, but tn
advice of their duly appointed lega
officer, aided by the best legal talent il
the State.
And here let it be remembered tina
the decision of the Governor an
Council is not final. The COnstitu
tion makes the Senate and House {
I Representatives respectively the fins
, arbiters of the election of their Ow
members. All the lists or return
which have been confided to the Cour
: Gil are to be laid before the Senate an
House of Representatives on the frs
Wednesday of January annually, an
they shall finally determine who al
+ elected.
With these directions and require
ments before them, what is the GOV
ernOr and Council required to do? 7
8 examine these returns, ascertain the
validity, and compare them with til
provisions of the Constitution and th
law. And first, they must have bee
sealed in open town meeting, and j
presence of the selectmen, and by tn
necessary implication must come int
the hands of the Governor and Cour
E Gil in that condition. Secondly the
must be genuine returns, coming fror
bona fide towns or plantations, legal
4 constituted and organized. Thirdly
they must be signed by the legal off
by the courts, by a majority of tn
+ municipal officers of a town or city
} and certified by the clerk. Fourthly
they must contain q statement of tn
whole number of ballots cast for th
t officers voted for and the office fo
: which he was voted to fill. Filthy
the name of each person voted fol
with the number of votes against hi
name that were thrown for him
SiXthly, the names of the officer
signing the returns must be write
with their own hands (as per judicia
decision, 6S Maine, page $50. Apply
, | ihS lhCoO iuiCo W VIC NaiiOuS iCVui LIE
a tabulation of the persons voted 70
, the different offices with the vote eacl
has received. determines the result.
In the inspection of returns and tab
ulation of the same, which has jus
been completed by myself and Council
} it has been our purpose to apply t
every return the same rule-tO-wit
Compliance with the requirements G
the Constitution and the law. withOu
. fear or favor; and if the result as t
r the political complexion of the Legis
lature is different from what wa
claimed by politicians interested in in
. tiuencing the elections in other States
it is owing in part to the fact that tn
claim was unfounded, and in part t
the carelessness of municipal officer
} in making their returns. The truth i
the popular vote is against the Reput