The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-05-01
Prince-Skillin.
EVIDENCE IMPEACHING THE legal.
ITY OF THE LEGISLATURE
EXCLUDED.
The Decree to be Given To-Day

The case of Prince VS.. Skllin came up again
in the Supreme Court yesterday morning. The
petition of the plaintiff was filed on the 1st of
| April. The answer of the respondent was
filed on the 18th of April. The hearing has
been postponed since the latter date, on ac-
count of the illness of Hon. Bion Bradbury.
of counsel for the defendant
The plaintiff, as is we'll known, was the Re-
publican candidate for county commissioner
in September, 1879. His petition alleges that
he received majority of the votes cast for
that Office in Cumberland county, and that he
has taken the oath of office before dedin,us
justice, and prays that William B. Skillin, the
| Democratic candidate, who holds under GER
tificate from Governor Garcelon, may be GUST
| ed under the act of March, 1880, providing
for the trial of causes involving the right of
| parties to hold public office.
| The answer alleges that the decision of the
| Governor and Council is conclusive as to the
| fact that SRillin and not Prince was elected !;
and Furthermore, that the act of March g.
1870, is null and void, being the act of pre-
| tended legislature signed by pretended gov
| ernor.
vi tniS iesttoI pea, JUUgo T0lerS rui6u YES
| terday morning as follows
| The answer of the respondent denies the
legal existence of the legislature that created
the act under which this proceeding is insti-
tuted, and also the authority of the Governor
who approved the act.
In proceeding like this, the allegations of
the respondent are not deemed by me to be
competent and applicable, and 1 think evil
dence is not admissible in their support
The question aimed at cannot he raachad in
such way. But two persons are named as
parties to this bill, while the question raised
| is public one which affects all the people of
the State. If to be decided at all, it must be
decided for all the people of the State. It is
not permissible to try the question collaterally,
in different ways, in different tribunals, and at
different times; involving tedious and expen-
slve htlgaticns, to the result of which no per-
thereto.
In the trial OF causes, the law confers upon
the court the authority and responsibility,
without plea and proof, to decide for itself
whether it is administering laws passed by a
legal government or not. 1t is matter for iu-
dical recognition. History and notorious pub
lie events stand for proof.
The law court, acting under a constitutional
provision. has already, upon solemn occa-
sion, publicly declared its recognition of the
two Houses that passed the act in question as
legal organizations.
My ruling will be that no evidence can be
received in support of the respondents propo-
sltlons, in his answer and pleas, which deny
the rightful authority of the two Houses pass
ing and of the Governor approving the act in
volyed in the proceeding before us.
The respondent can, of course, carry his
question further by his right of exceptions or
appeal.
Mr.. q. e. Clifford, who appeared for Skill
lin, remarked that the respondents answer, as
he understood it, did not touch the question
OF Davis right to the office of governor de
Jare, but alleged that there was prior incum-
bent, de facto, Smith, who had never been
ousted by proceedings before competent tri-
bunal; and consequently that it was legal
absurdity to call Davis governor, since two
persons cannot occupy the same place at the
same time. The court did not regard this as
material modification of the allegation as
stated in the ruling.
County Attorney Coombs, for Prince, then
offered in evidence certified copies of the cleo
ton returns for county officers and of the town
records OF the election save the Portland re-
cord which were admitted by consent. He
offered also the record of the election in Port
land. To this Mr.. Clifford objected, and the
objection was overruled.
III. 1. Robinson. city clerk, was then sworn
and produced the record of the election of Sep
tember s, 1879, beginning on page GO of the
current volume of city records.
On cross-examination, Mr.. Robinson said
that an amended record was made December
), 1873, beginning on page 107. This amended
record was made by direction of the mayor and
aldermen. No second return was made, but
copy OF the amended record was given to Al
mon A. Strout. Both records were made from
the ward returns, certified by the ward clerks
and wardens on the 9th of September and re-
ceivcd by the city clerk on the 9th, within "A
hours after the closing of the polls. No infor-
nation was received from other sources The
two records differed in this, that the first re-
ported Scattering, % while the second re-
ported 'W. B. Skillin, %
The ward returns were then offered in evil
dence, and admitted.
Mr.. Clifford offered the Governors certif-
cate, affirming the election of Skillin, which
was admitted.
He also offered to prove that the Governor
and Council had canvassed the returns from
Cumberland county, and rejected the return
from the city of Portland as not in accordance
with the requirements of the constitution.
This was admitted, with the addition of the
fact, that the said return contained the words
Scattering, g" which Mr.. Clifford regarded
immaterial, holding, as he said, that the de-
csion of the Governor and Council upon such
matter was conclusive and binding upon CO.
ordinate branches of the government without
reference to the reasons. .
Mr.. Clifford also offered to prove that the re-
spondent received the highest number of votes,
rejecting the vote of Portland, and this was
admitted.
The court excluded any and all testimony
about the organization of the Legislature and
election of Governor.
The case was then submitted without argu-
ment. Judge Peters will issue his decree to-
day. If the decision, as is expected, should be
for the plaintiff, the case will go up on excep-
tions and appeal.