Evening star. [volume] (Washington, D.C.) 1854-1972, 1880-01-01
The Dispute in Maine.
QUESTIONS WHICH HAVE BEEN REFERRED TO THE
STATE SrPRENE COURT

The Dispute in Maine.
QUESTIONS WHICH HAVE BEEN REFERRED TO THE
STATE SUPREME COURT.
The following are the questions prOpOunded
by the governor to the supreme court and sent
to the chief justice late last night: /. When the
governor and council decide that there is no re-
turn from city on which representatives can
be summoned to attend and take their seats In
the legislature, is it their duty to order a new
election, Oh is it competent for the house OF
representatives, II it shall appear that there
was an election of such representative to admit
them to seats, though no return thereof was
made and delivered into the Office of the secre-
tary of state? 2. Is it competent for the gov.
ernor and council to allow the substitution of
other evidence in place of returned copies Of
such lists as are provided for in article t. part
section 5, of the constitution to enable them to
determine what persons appear to be elected
representatives to the legislature by plurality
OF votes returned? 3. Is return signed by
majority of the selectmen of town or alder
men Of city valid within the requirements
OF the same section? 4. Is "a return by
aldermen of city which does not give
the number of votes cast for each
legislature, and does not show what persons
were voted for as such members in any one of
the several wards of such city, a valid return
within the requirements of the same section?
are not attested by the town or city clerk valid
within the same section? 6. Have the governor
and council right to reject returns of election
OF members of the legislature required by the
same election from officers of towns which were
not made, signed or sealed up in open town
meeting? I. Is the return of two persons pur-
porting to be the Selectmen of town valid and
sufficient evidence OF the vote of the town when
ii appears that there were at the time of meet
ing, at which the election was had, but two
SeIectmen of that town? S. Can a person who
is not citizen of the United States at the time
be legally elected or constituted selectman Of a
town? 9. Ii a ballot has a distinguishing
mark in the judgment OF the governor and
council, such as would make it illegal under the
statute, have they authority to disregard it in
their ascertainment of what persons appear to
be elected, where ii appears by the official re-
turns Of the officers of the town that such vote
was received by the selectmen, subject to objec-
tions, and its legality referred to the governor
and council for decision? 10. If the names Of
persons appear in the return without any num-
bef OF votes being stated or carried out against
them either in words or figures is it the duty Of
the governor and council to treat those per-
sons as having the same number OF votes
as another person received for the same
Office, and whose name is placed first in
the return, II they lind dots under the figures or
words set against such other persons named?
II. Have the governor and council the legal
right to decide what kind OF evidence they will
receive, and what the mode of proceeding before
them shall be, to enable them TO determine the
genuineness OF the returns required by the artt-
Gle and section OF the Constitution above men,
toned? 12. II the governor and council have
before them two lists of voters returned from
the same town, differing materially from each
other in the number of votes returned as cast
tor the same persons. but identical in all other
respects both having been duly received at the
secretarys Office, and they have no evidence to
enable them to determine which is the true and
genuine return, are they required TO treat either
OF them as valid, and il so. which?
INTERVIEW OF THE GOVERNOR WITH THE MILITARY
OFFICERS.
The military officers summoned from Bangor
had an interview with the governor yesterday
in reference to an inquiry concerning the call
ing out OF the militia companies should they be
needed The officers promised to obey the Or
ders OF the governor as long as he was in office
The governor spoke in strong language in oppO-
sition 10 calling out military companies.
MR.. HALE'S INDIGNATION.
At an Indignation meeting at Ellsworth Tues
day night eN-Congressman Eugene Hale, refer
ring to the manner in which the returns were
canvaSsed, said: 1T Is a gigantic and appalling
conspiracy to seize the government of Maine,
and 1t does not mean to stop until the electoral
or tainted so that it cannot be counted.' Con-
cerning the rumorS that the republicans intend
ed to resort to arms, he said that, although men
like GOV. Dingley, MeSSrS. LINDSAY and Emery
and members-elect OF the legislature had been
rudely thrust from the doors of the state-house
no violence had been done. The outraged peo-
pie of Bangor, who had gathered in thousands
had dispersed at word from the mayor. For
what, he asked, was it proposed TO summon the
Irish company from Portland to preside over
the Inauguration next week. These mon, while
aforethought, melting it, expecting unSuccess-
full violence by which they can shift the issue
and yet hold their plunder and booty. Never
fo.prdn S.oae mao men dS sh9Wa @ sncm moderalon and
much further will they dare to go? On the
first Wednesday in January the people of
Maine are wont to assemble in the capitol OF
the state at Augusta to witness the inaugura-
tfon OF the government, which shall hold power
for the year to come. 1t is a spectacle which
interests all men, women and children, who
hundreds. Everybody is free, everybody is
peaceabie, everybody is welcome. This
year 1t Is all changed. The building is barri-
caded, the Montgomery guards hold it and its
avenues Armed men stand at the door with
lists in their hands. The citizen is eliminated
from the assemblage. Men startle at such
picture, and doubt that it will ever be seen.
TWO weeks ago should have doubted it: now
fear that such is the cup that Will be presented
to us. am in favor OF peace. want it kept.
fWant pure and peaceable emergenoe from
us. yet hope for and expect it. Let us hope
for that-loDg for that-pray for that. But ye
eight men who sit as despots have sat pefore in
places that seemed safe and rock-rooted but
which yet were but an inch from the volcano. l
warn you not to go too far in your experiments
upon the fOrbearance and moderation of the
citizens OF the State OF Maine.
GEN. GRANT N THE souTH.-Gen. Grant and
party arrived at Augusta Ca, last night, and
were received by crowds OF people at the depot.
They were escorted to hotel by President Will
son, of the Port Royal railroad company the
mayor and councilmen. The informal reception
continued to late hour. To-day reception
will be rendered the party, and they viii be
shown over the city. The reception is cordial
and hearty to the distinguished guest, and every
consideration will be shown him. All along the
route black and white people thronged the
track and cheered Justify. AT Charlotte depu-
tation OF citizens waited on Gen. Grant and tried
to prevail on him to stay over. AT Columbia the
ma! or and Chief Justice Wilbur, of South Caro-
lima, rendered banquet, but the party could
not wait AT II O'Clock to-day the party 60 to
Beaufort, S. c., to attend an emancipation cele-
bfatlon. From there they will proceed to Sa-
yannah.
Mr.. RICHARD SMITH, OF THE CINCINNATI GA
ZETTE, ARRESTED.-Mr. Richard Smith, of the
Cincinnati Gazette, was arrested yesterday on a
warrant sworn out by Chief OF Police Wappen-
stein, charging criminal libel. The matter
which gave rise to the arrest was the publica-
tion in the Gazette of Tuesday Of interviews
charging Officer Wappcnstein with completely
with number of gamblers. Artey Duffy, who
was attacked and beaten by gamblers In Vine
street Tuesday, asserted in an interview that
Ger tain gambling houses which were not raided
had paid their royalty to the police, and that he
knew it. The Gazette has been making a bitter
fight against the police management. When Mr.
Smith was brought into the police court yes er-
day Judge Wilson was absent at dinner, but the
arrest was made known to him by telephone
and he directed by telephone that Mr.. Smith be
released on his own recOgniZance.