The Portland daily press., 1880-05-03
PRINCE SKILLIN.
The Petitioner Lawfully Elected.

In the Supreme Court Saturday morning
Judge Peters rendered his decision in the mat
tel of Prince VS.. Skillin, finding Prince to be
lawfully elected and entitled to the office of
commissioner of Cumberland County. The
court said:
This case came on for hearing upon BILL an
swer and replication before me, each party APP
pearing by counsel.
The petitioners put in evidence certified
copies OF the lists of returns made to the office
OF the Secretary of State from all the towns
in Cumberland county, and from the city of
Portland, that from the city of Portland being
admitted subject to objection by the respon-
dent; and also certified copies of the records
OF all the towns in the county, not including
Portland, pertaining to the votes cast for
county commissioner. 1t was admitted that
all the same (not including Portland) are cor
rectly described in the petition, and the same
need not be copied for the full court except as
either side may desire.
The petitioner then called H. 1. Robinson as
witness, who produced the record and
amended record of the municipal officers of
Portland which records with the testimony of
the witness are made part of the evidence of
the case. The record cor was admitted, subject to
the objection of the respondent The petit
toner also put in evidence the original ward
returns made to the mayor and aldermen, sub
ject also to objection, which may be copied for
the full court only as either party may desire.
The respondent offered in evidence certifi-
cate OF hls'election, issued to him by the Gov
ernor and Council, which was admitted to
be copied If either party desires. 1t was ad-
mitted that the Governor and Council cam
vassed the returns for county commissioner
and rejected the vote of Portland upon the OBJ
lection that it was fatally defective under the
constitutional requirements, the objection be-
ing that the return described certain votes
cast thus, Scattering, 90
1t was admitted, that rejecting the vote of
Portland, the respondent received the highest
number OF votes, and that admitting the vote
OF Portland, the petitioner had the highest
number.
The respondent contended that the Legisla-
ture which passed the act authorizing this
and the Governor approving it could not right
fully to do so, because there was prior de fac
TO Legislature with a de .fdcto Governor, as set
forth in the respondents answer. not ousted
by any competent tribunal.
My ruling was that no evidence was ad-
Missile in support of the allegations in the
answer which deny the legality and constitu-
tionality of the act referred to. and that none
would be received. And this ruling is intend
ed to be broad enough to allow the respondent
the benefit of his position in whatever form it
may stated.
The entire report of the evidence, oral and
documentary, with all the points and objec-
lions appearing therein to have been raised,
are made part of the case if an appeal is
made to the full court.
L find that the petitioner is entitled to the
Office of commissioner as claimed in the bill,
that he was lawfully elected thereto, and order
that Judgment be entered in his behalf accord
ingly.
JOHN A. PETERS, Justice S. j. Court.
The respondent appeals from the rulings and
findings of the court, to the full bench.