Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1880-01-15
Se.eement Of Facts.

GEo. T.. WEEKS, Speaker
Se.sement Of Facts.
Immediately after the annual election OF
Sept.mber ., 1879. copies Of the lists OF 'etes
cast in the several towns and plantations io'
variou. State and County officers, duiv Al
tested by the Selectmen of towns ana Asses
sor. Of plantations, and by either the 70" n
Clerk, Deputy Clerk or Clerk pro ZEN; IN"
Iik. comics of lists # votes given IN the sew
oral wards Of the cities, duly attested by the
MAJOR and Cit, Clerk and majority of a
leyaI quorum of the Aldermen present. were
duly returned and delivered into the Office OF
the Secretary of State, thirty days before the
6r.t Wednesday of Ian. 1850. The Cover
nor and Council opened these returns Nov
H. 1879.
Application in proper form was mace by
parties Interested for inspection Of sait re-
turns for the purpose of discovering and cor
recting any defects or errors therein. bn' III Il
large majority of cases such inspection was
refused bv the Governor AMI Council, or
granted so hate and in such manner As to be
Of no av all for the correction OF errors
Senators and representatives elect made
an,Jication tn the Governor and Council with
in 20 ,lay. after the returns were opened stat
ing the errors alleged and gave due notice
tbereo: to persons to be affected by such cor
rections. or requested the same to be gwen
and offered to correct any errors found there
in by the record or by substituting for such
returns, if defective, duly attested copies OF
the record in each case as provided ny the
statutes, and by offering such other evidence
As is authorized by chap. 2l2 of the laws OF
1877 But the Governor and Council refused
to receive such evidence or to correct any
,...lv n
attested copy of the record to be substituted
for any detection bv reason of any informal
i,v. Under these circumstances the Cover
nor and Council proceeded TO examine the
returns with the following results
The return from the city of Portland was
duly signed and showed upon its face all the
facts necessary to constitute legal election.
1t showed the whole number of ballots given
and that Moses NJ. Butler. Almon A. Strout
Ruel c. Maxcy, Samuel A. True and Nathan
+. Redlon, each received over six hundred
and forty votes plurality over each of the
candidates opposed to them. The only defec,
alleged to exist in said return that it
contained the words and figures scattering
one hundred aDd fortythree l43):" but
this number if added or subtracted or disre
garded would still leave each of the candi
dates above named, large majority of al
the votes cast As above stated. The Govern
or and Council rejected said return and re
fused to summon the five representative;
above named, who were elected and appear cd
to be elected by plurality of all the vote.
returned, to attend and take their seats an,
refused to report their names and residence t.
the Secretary of State to he included il
the certified roll TO be furnished b.,
him to the Clerk of the preceding Hous,
of Representatives as required by law. Subse
quently to the making of said return. Nose.
NJ Butler, one of said representatives elect
died, and in pursuance of the provisions N
chap 1 sec 81. ~ and q of the revised stat
utes a new election was ordered bv the mu
nicipal officers of the city of Portland. 4
such election Byron ID. Verrill was elected
by majority of over one thousand vote.
over all others. and proper return was mad,
to the office of the Secretary of State but nc
summons was ever issued to said Verrill. ant
the Governor and Council refused II repor
his name to the Secretary of State for tn.
purpose above stated. In the City of Lewis
ton. Liberty II. Hutchinson. Isaac N. Parke,
and Silas w. Cook, were. elected bv a cleal
majority Of all the votes cast In the CITY %
Saco. George Parcher, in the city of Rock
land, Jonathan S. Willoughby and Theodor,
+. Simonton; in the city of Bath GUY G.
Goss. were in like manner duly elected repre-
sentatives. In each of these four cases tn,
returns were in due form and signed by the
Mayor. City Clerk. and three Aldermen The
Governor and Council in each of the above
cases refused to issue summonses and to repor
the names and residences of the said electet
representatives to the Secretary of State. to b,
included in the certified roll In the Web
ster, Lisbon and Durham class, William II
Thomas appeared BY the returns to be cleo
ted by a majority of eighty-three votes. The
returns from said towns were without defect
and were duly signed BY all the selectmen OF
each town. Upon rumor that the Governo,
and Council refused to issue a summons to tn,
person elected. because it was alleged thai
the names of the selectmen signed upon tn,
returns from the towns of Lisbon and Web
ster were signed by one person. in eacl
town all of said selectmen appeare,
before the Governor and Council and made
oath that the signatures were genuine. Ir
this district another ground was taken, tina
It appeared from extrinsic and er parte evi
dence that either the return was not signe,
and sealed. or the record not made up in oper
town meeting. The Governor and Council
refused 10 issue a summons to said VIM Fl
Thomas. or report his name to he entered or
said certified roll. but did issue a summon,
ASN""''u IL DVa'. ptisou VINO was no
elected and did not appear to be elected by
said returns.
The Questions.
!. Have the Governor and Council RIGHT
under the constitution. to summon a pers,r
to attend and take seat in the Senate o,
House Of Representatives who bv the Official
returns, under the decision of the court. doe.
not appear to be elected. but defeated or mo-
voted for: or would such summons be mere
iy void As exceeding the power of the Gov.
ernor and Council under the constitution?
2 Have the holders of any such sum
mons right to take part in the organiza.
ton or subsequent proceedings of eithe,
House to the exclusion of the members right
fully elected, as shown by said returns. unde,
the decision of the court. or does such RICH;
rest in sail last named member TO the exclu.
SION Of the member summoned from the same
district ~ 81
). If summonses we're issued under the
facts recited in the statement herewith sub
mitted to Lewis Voter Of Pennington district.
Daniel SNOW of Skowhegan, Alfred Cushman
of Ashland. James o. White of Jay. Leonard
II. Beal of Lisbon. Osgood Y. Bradburv
OF Stonehan. George W. johnson. of New
Sharon. Lincoln II. Leighton of CherryfeId
Aarsn H. Woodcock of vanceboro, Harper
Allen Of Fairfield, Joshua T.. Jordan al
Searsport- Would such summons give eth.
er OF the above named persons . right tn
take psrt in the organization or subseoueus
proceedings Of the House or vould such RI OH