Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1880-01-08

fOfmatipn tlat Uust nave Decn iufhi>Heu
from the State House, and forwarded to
Augusta. but no notice was taken fthe Of
fer, notwithstanding the changes vitality af
fected the csnvass than going on.
2. TIT schoIeslis counting out sho,cs that
the ldn ,cds t,cisiod ,cfth a riee OF thicdrtinc
rather than carrying out the rsrdici al n,
polls. Indeed, 1t Is claimed by the Cover
nor as a Jacksonian virtue, that he has sp-
piled the technicalitie of the law with a
strictness never before known. and set an
example which entities him to be STYLED
the defender OF the Constitution. IL Ia In
deed true that the almost Uniform rule OF
previous executives from Gov. King who
presided over the Convention that framed
our Constitution, to Governors Morrill,.
Washbnrn, Chamberlain. etc, has been 10
literally coustrue the laws regulating the
canvass of returns, so a TO give effect Ia
the peoples will. The technicalities OF la
have not been used to cntrap voters.
Where the Law admitted OF possible con-
struction In favor OF the voter, Il has been
80 constructed; aud In case Of doubt, the
Governor has always asked the Supreme
Court for an opinion. For fity-nlne years
the party which triumphed a, the polls In
the election of Legislature, has never had
any doubt that the votes would be counted
so as to give expression TO the popular
will. Last year. indeed. when the Repub-
llcaus had the Senate aud a large plurality
OF the popular vote. and a change OF six
members would have given them a ma orl-
~ OF the House. a Republican Governor
and Council promptly carried out the Will
Uf the people, notwithstanding there were
a. many defects In returns a. there are this
year. They then. for example. ccrtiiicated
fonr Republican Representatives, from
Portland on a return precisely the same as
one which is this year declared fatally
detective In order to count out five Re
publicans
,. The GorcrH9r and CpYnciI conducted
their odErdss t-tth he dpJiIrsA nj pHrosc Of
oogHtiH1 out R>pabiiodAs aHd couniiRg IN
FSi0Hists. Republicans were refused sc-
cess to the returns for i've weeks. ALLOW Ell
TO see them only four DAYS before the can
yass was concluded; when the uniform
practice heretofore has been 10 exhibit the
returns to all interested from the moment
they were opened. Atthe same time. Il j. cy-
dent that Fusionlsts were made acquslntcd
with anything II Was necessary for them To
know. No return WAS ever before rejected
without notice and 4 hearing to parties iu-
terested. This year no notice has been
gwen; TO Information has tecn furnished
a. 10 detects in returns; and no hearing.
given except In four or five cases where
parties interested accidentally learned that
their returns were liable 10 be thrown out.
Rules have been laid down with a view OF
counting out Republicans and savlug fu-
slonists, after a careful study oi the returns
More than this-returus have been rejected
alter parties interested had been assured
they were all right, A. in the eases Of Lls-
bon aal Webster. No Republicans could
ascertain beforehand what facts were need
81 ~ lay before the Council To meet secret
charges on which their returns were threat.
eued- The consequence Is iha; Republican
returns have been rejected in many towns,
un allegations which are untrue, aud which
have since been disproyed. And now the
monstrous position j. assumed by me IA bers
of the Council, that even 10 cases where it
l. proved ani admitted that Republicans
were wrongfully counted out, it Is too late
10 correct iheir unjust action.
Republicans hars ben counted on. oF-
allsgci d,feots, Gsi FusioHisis touHie! IA
trhers The s1n, d,fec!s sTisic.! ~ their "a
farHs. For example, Jay Is counted QUITO
secure n Fusion Representative on the
claim iha: her recOrl was not made up 10
open town meeting. 4 matter into which
the Governor and Council have no rightto
ioquire.) but Fusion Buckiield ls counted
la 10 secure Fusion RepresepiaiIye, not
withstanding her record was made up In
the same manner. In the Ashland dis
trict, John Burn.sm (Rep.) iscounted out
because the return OF a Republican town
In the district spelled his name Bgrnam
and Alfred tushman dem i, coanled in
by giving him the vote OF town whose
return Is FOR Afford Cushman. Certainly
Burnam is much nearer Bufnham than Al
ford Is Alfred.
>. The Constitution has been igHoTsd 10
dsfedt good return and invOked % prer, nj
the correction " GR alleged defcctirs r,lura.
for example. Pennington and several 9TH
Ell Republican, towns have been thrown oG,
on the ground that their returns did not
correctly state the whole number OF ballots
a. required by statute. "a charge untrue as
~ Farmington,) notwithstanding the Con-
siiIution does not require the whole num-
Der OF ballots TO be- returned al all. And TO
prevent any amendment OF a simple statute
requirement In y return, the Constitution
Is construed 10 prohibit correction.
G. "A large proportion Of the dsfecfs under
trhio. Republicans hare been counted out
lcere GHseHddtIe under the Constitution, ,ciih-
out regard to The Stdiutes. For example,
the OMISSION OF one name in the signatures
OF the aldermen OF Lewiston, Bath, Saco,
~~~s
Ahd hocAiand' 70 The returns from those
cites. Dy which seven Republican Repre-
sehtatlVes were thrown out, was an inform
amy "hieh couid nave Deem amenied un-
Ger the 'onsttution-Just as wrt or exc
euiion can be amended 10 so important a
particular ss the omission OF The sigma
tuie oi the cIerk. All other errors which
nla not go 10 the substance OF the return,
10 VII Tue names oil persons voted for and
number oi votes received by each, needed
40 Statutes 10 open the way for their cor
reciion.
:. All OF the errors In returns were
snendable BY a COPY OF the record, under
statute enacted 10 1877, whose existence
Gov. Garcelon entirely ignores In his state
ment 10 the public.
Certified copies OF the record were offered
for this purpose, but the Governor and
Council refused to allow any correction
claiming that the law was unconstitutional,
every statute Is binding on
all departments or government until pro-
nounced unconstitutional by the court.
written request was made by candidates
Interested, for the Governor and Council 10
ask the opinion OF the Supreme Court on
THIS vital point, under provision OF the
Consultation providing that they may do
this ION solemn occasions" and ION ques-
tons OF law. This request was refused.
notwithstanding It has been the uniform