The Portland daily press., 1880-09-29
Afraid of Their Own Rules.

The brood of chickens which the Argus
and other Fusion organs Matched out last
winter has come home to roost and is be-
coming troublesome. One of the rules laid
down.by Garcelon and his tabulators during
their famous count was that returns were
not amendable by the record or by oral tes-
timony and therefore that errors in the spell
ling OF candidates names or in initials were
fatal defects. This rule was adhered to in
spite of the existence of statute which al
lowed corrections by the record or by oral
testimony, Garcelon and his Council, with
out consulting the court, declaring this stat
ute unconstitutional and therefore void.
Under this rule the Council refused to count
votes returned for G. S. Hill for George S.
Hill, Notwithstanding the name was right ON
the record, and declared that G.. S. Hill and
George S. Hill were two persons, thus de-
priving George S. Hill of a part of the votes
which, it was admitted, were intended for
him by the electors.
When the Supreme Court said that this
was wrong, that the statute of 1877 was
constitutional and that it was the duty of
the Council to give effect TO the will of the
people and not to take advantage of techni-
cal defects to defeat that will there was not
Fusion newspaper in Maine but abused
the court and declared that its opinion was
instigated by partisanship, was bad law and
against common sense; and all enormous
crop of alleged constitutional LAWYERS,
suddenly sprang up who covered the Areus
and other Fusion papers all over with arcu-
ments to show the correctness of Garcelon's
rules and the consequent error of the Su-
preme Courts decision.
1t happens this year that some fifteen
hundred or more votes. probably intended
for Harris M. Plalsted, are returned on the
clerks returns for Plaisteds of different
name. Some are for Harrison III. Plaisted.
some for Morris NJ Plasted. and some for
Harris Il. Plaisted. If Harris Il. Plaisted
is deprived OF these votes he will be defeat
ed. Immediately there is trepidation in the
Fusion camp, and the Fusion newspapers
all over the State set up the howl that Plais
ted is to be counted out. Suppose he is.
nav" 'ho rusioi dpefS any right 10 COLI
plain? Have The papers which declared cor
rect rule which refused to count votes re-
turned for G. S. Hill, for George S. Hill
though it was apparent they were thrown
TOR the latter, any right to complain that
votes returned for Norris NJ. Plaisted are not
counted for Harris NJ. Plaisted? Can ,be
Argus find fault if the rules it endorsed I,st
Winter are enforced the coming Wipterp Or
does the Argus believe those rules weya cor
rect only when they counted out Renubli-
cans and should not be enforced to take off
Fusion heads? If the errors existing in tho
clerks public returns are duplicated in the
official returns not q Fusion paper in this
state can consistently do otherwise than ,d-
Vocate the counting out of Harris M. P,a;s-
ted, To do differently is to confess that tbs
rules laid down by Garcelon and his Conn
Gil were wrong, and the decision of tho
Court right.
Certainly there would be deal of Salts
faction in administering to the Fusionists
dose OF their own rules. But the Renpb,i-
cans took the ground last Winter that tech
meal defects should not be taken advantage
OF to defeat the manifest will of the people
They occupy the same ground now. MIR.