Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1880-01-17
Statement OF Facts.


east in the several towns and plantations for
various State and County officers, duly at
tested by the Selectmcn of towns and Asses
sOrs Of plantations, and by either the town
Clerk, Deputy Clerk or Clerk pro tenn: and
like copies of lists of votes given ir the sew
eral wards Of the cities. duly attestcd by the
Mayor and City Clerk and n ma ortv of
legal quorum of the Aldermen present. were
duly returned and delivered into the Office of
the Secretary of State, thirty days before the
first Wednesday of Ian. 1880. The Cover
nor and Council opened these returns Nov
Il. 1879.
Application in proper form made by
parties interested for inspection of said
turns for the purpose of discovering and cor
recting any defects or errors therein. bnt in a
large majority of cases such inspection was
refused By the Governor and Council or
granted so late and in such a manner as TO be
of no avail for the correction of errors
Senators and representatives elect made
application to the Governor and Council with
in 20 days after the returns were opened stat
ing the errors alleged. and gave due notice
thereof to persons to be affected by such cor
rections, or requested the same to be given
and offered to correct any errors found there
in by the record or by substituting for such
returns, it defective, duly attcstcd copies of
the record in each case as provided by the
as is authorized by chap. 2l2 of the laws of
1877. But the Govcrnorand Council refused
10 receive such evidence or to correct any
errors in said returns. or to receive a duly
attcsted copy of the record to be substituted
for any detection by reason of any informal
ity. Under these circumstances the Cover
nor and Council proceeded to cxamin, the
returns with the following results
The return from the CITY of Portland was
4 4 4. =. 4. III Al.
facts necessary to constitute a legal election
1t showed the whole number of ballots given
and that Moses NJ. Butler, Almon A. Strout
Ruel G. Maxcv, Samuel \. True and Nathan
Il. Redlon. each received over six hundred
and forty votes plurality over each of the
candidates opposed to them. The only defect
alleged to exist in said return that it
contained the words and figures scattering
one hundred and forty-thrcc Ui3);" but
this number if added or subtracted or disre
garded, would still leave each of the candi-
dates above named, large majority of all
the votes cast as above stated. The Govern
or and Council rejected said return and re-
fused to summon the five representatives
above named. who were elected and appeared
to he elected by II plurality of all the votes
returned, to attend and take their seats and
refused to report their names and residence to
the Secretary of State to be included in
him to the Clerk of the preceding House
of Representatives As required by law. Subsc-
uuentlv to thu making of said return Moses
NJ Butler one of said representatives, elect.
died, aud in pursuance of the provisions of
chap. see. Is. II and 81 of the revised stat
utes new election was ordered bv the mu-
nicipal officers of the city of Portland. At
such election Byron ID. Verrill was elected
bv a majority of over one thousand votes
over all others. and proper return was made
to the office of the Secretary of State, hut no
summons was ever issued to said Nerrill. and
the Governor and Council refused to report
his name to the Secretary of State for the
purpose above stated. In the CITY of Lewis
ton Liberty II. Hutchinson. Isaac \. Parker
and Silas W Cook. were elected by a clear
majority of all the votes cast. In the city of
Saco. George Parcher. in the city of Rock
land Jonathan s. Willoughhy and Theodore
T.. Simonton; in the city of Bath. Guy {.
Goss. were in like manner duly elected repre-
sentativcs In each of these four eases the
returns were in due form and signed by the
Mayor. City Clerk, and three Aldermen. The
Governor and Council in each of the above
cases refused to issue summonses and to report
the names and residences of the said elected
representatives to the Secretary OF State. to he
included in the certified roll. In the Web
ster Lisbon. and Durham class William III.
Thomas
ted bv a majority of cighty-three votes The
returns from said towns were withou; defect.
and were duly signed nv all the selectmen ot
eacL town. Upon rumor that the Governor
and Council refused to issue Il summons To the
nevson elected. because II was slicged that
the names of the selectmen signed upon tue
returns from the towns of Lisbon and Web
ster were signed by one person, in each
town all of said selectmen appeared
before the Governor and Council ami made
oath that the signatures were genuine In
this district another ground was taken, that
il appeared from eNtriusic and er pd'Te evil
deuce that either the return waS not signed
and sealed or the record not made up IN open
town meeting The Governor and Council
refused To issue a summons to SAID M IL
Thomas or report his name to be entered on
said certified roll. but did issue summons
to Leonard II. Beal. a person who was not
elected and did not appear to be elected by
said returns.
The following is that portion of the state
mcnt which rccites the facts connect
ed with the organization of the rump legisia-
ture and the true legislature.
On the slst day of December. A. ID. 1879.
the Governor requested the opinion of tn"
Justices of the Supreme Judicial Court upon
certain Questions submitted by him and by
the opinion of said Justices in reply thereto
it appeared that the objections and alleged de-
fects in the returns hereinbefore stated were
without foundation in law. Inc governor
and Council were requested in all these cases
to recall the summons which by the OPINION
of the Court appeared to have been iimProp-
erly issued and to report the names and places
of residence of the persons legally elected To
both branches of the legislature to the Secre.
tary of State to be entered upon the certified
rolls as required by law, but this they re,
fused to do certified roll was furnished
by the Secretary of State to the Clerk OF the
preceding House of Representatives contain
ing the names of one hundred and twenty
two persons properly summoned as represen-
tatives elect and seventeen persons hereto
fore enumerated. viz: Lewis Voter, Daniel
Snow. Alfred Cushman, James .. Wmte'
Leonard H. Beal, Osgood n. bradbury
George w. johnson, Lincoln H. Leighton,
Aaron H. Woodcock, Harper Allen, Joshua