The Portland daily press., 1880-01-01


The town of Skowhegan gave IL. >. steward, ne
publican candidate for Representative 800 votes
and Daniel Snow, Democratic and Greenback cand
date, 302 votes. The Republican ballot bearlnt
Mr. Stewards name had the names of candidates
printed in two columns instead of the more usual
form of one column The law in regard to the form
of ballot is as follows
ono ballot shall be received at any election OF
State or town officers unless in writing or printing
on clean white paper, without any dlstlngushmen'
mark or figures thereon besides me names Oh tnt
vote shall be rejected this account after it is re-
ceived into the ballot box"
1t is not denied that the Republican ballot in
Skowhegan was on clean white paper and had no
distinguishing marks save the names OF the persons
voted for and the offices to be filled But on the day
of election William Philbrck, strongly partisan
Greenback leader induced the selectmen to enclose
with the return protest against the form of the
ballot as being distinguishing mark in itself, and
Gov Garcelon and his Council took this protest as
the justification of their decision and threw out the
entire Republican vote of Skowhegan and thus COM
pletely disfranchised $40 citizens of Maine who
possess the clear aud undoubted right of suffrage
Gov Garcelon made this extraordinary decision In
the face of the provision of law above quoted which
forbids any be rejected after it has been re-
ceived into the ballot box, even II IL contains us
tinguishing mark.
Under the statute prescribinglnothing but writing
printing on clean white paper, it is idie A. to
tingushing mark. The law does not undertake TO
prescribe the size or form of ballot to be used. Who
shall say what the standard is? That long 6allot
vote with two columns has a distinguishing mark
while vote with one column has none? The law 1T
self sets I'D no standard but wisely leaves the whole
to the selectmen who preside at the town meeting.
The question is decided then by them and forever
The selectmen of Skowhegan decided and wisely
mark. If they had decided otherwise at the ballot
box the defect could have been cured other ballots
substituted and the honest representation OF the
people have been saved. Therefore the law above
quoted scrupuous to guard the right OF the voter,
SAYS that the decision made can never be reviewed
by the Governor and Council. The ballots were e.
ceiyed into the box included in the count and dec
laraton of the vote and returned by the legal OIL
GERS cast for the Republican representative Inc
protest that accompanied the return and gave a
specimen of the ballot could not give the Governor
and Council jurisdiction and power which the law
of the land had in terms denied Them In the opinion
of the justices in "a Maine, 599, the supreme Court
say, speaking of certificate like this accompanying
and sealed up with the returns:-
'When the selectmen and town clerk attest fair
copies of the lists Of votes and seal up the
same in open town meeting, and cause the same to
be delivered into the Secretarys office, as required
by the constitution and the statutes their duty Is at
an end. They are not certifying officers, TOT the
reason that the constitution has not made them
such.''
Yet, in defiance of the law and of the express de-
csion of the court, against the puslished remon-
STRANGE of their own counsel Mr.. A. r. Gould, the
Governor and Council seized the representative seat
and ousted the incumbent.
ASHLAND.
In the Ashland district in Aroostook county, en-
ham, Republican, was chosen representative over
Alfred Cushman greenback candidate, by MAORI
ty of Al In the return for the town of Ashland the
name of the Republican candidate was spelled Bur
man, the silent letter "h' being omitted. The
Governor and Council decided to call John Burnham
different man from John Burnam, and by dividing
the vote in this manner they found plurality for
Alfred Cushman, and declared him elected. This
question has already been completely covered by the
Supreme Court of the State. In the opinion OF the
Justices "a Maine, $50, the court explicitly held
That "When name was misspeled, but was recog-
nzable by its sound the face of the returns OF
candidate" it was the duty of the Governor and
Council to "count the msspelled for the can
date for whom it was obviously intended"
Moreover in the Harpswell and Scarboro DIS ret
in Cumberland county the Democratic vote OF scar
boro is returned for Melville P. HunneWell ana the
Democratic vote of Harpswell for Melville T; Hun
niwell, and in the Newcastle district the Demo
cratic vote from two towns is returned Tor James
W. Clark and in two others for James W. Clarke
vet the Governor and Council in order TO seat tne
Democratic Representatives from those ulstIlcts
have counted these names as identical. A Few Gays
after this remarkable decision in the Ashland case.
Hon. Llewellyn Powers being permitted to EXAMINE
the returns from the district found that In NORTH
plantation, giving large Democratic majority the
Representative vote was returned for AFFORD Cusn-
man, Mr. Powers called the attention OF the GOV
ernor and Council this fact which they apparent
ly overlooked and he insisted that If Burnam eoula
not be taken for Burnham iden sondns Afford
could not be taken for Alfred not dem sondns, nor