Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1880-01-26

pablo records ana 0ocuoeA1s, ~ W
psblic o0epss and their dssies, and peovidme
penalsies II Illegal use Of sane, came up On
- Asss reading
NJ. Srsocr Of Portland aid:
N. Nbsaker We are to-day ceano1seu
vieh - anomAloas eoadition - :
Hiehesso the people Of this State have se1eo
% firmly in the confidence that the DIG
reeoras - tie insignia Of State voun r.
nj. seenfs 10 this capitol. provided - sheif
reception and cafe keeping-so con6oees tna'
vh.,sye, nishs be he intensity Of party
strife and contention, or however bitter might
be the contest between opposing interests,
the property of the people and the evidences
which nearly concern private and puohc
rights vould remain untouched y profane
hsrd,. ssfe from spoliati0a er harD. that ssey
have reelected 70 provide the proper penal
ties 10 prevent the crime which has been COM
mit,ed. and the mischief With which we are
threatened in the future.
Al the expiration u the political year just
closed, % fas - - ere able 20 Seeso, ne see'
OF State and the documents and returns rec
o~uixed by the constitution and the laws
we're 10 be found in their proper places IN the
various Offices in this STATE House and in the
CUSTODY Of the ofllcials 70 whose care they
had been intrusted.
Al the time for the assembling Of the leg
islatare, IN organization Of the two bfsnche'
vas attempted, which has proved to be un'
lawful. inasmuch as . number of legally cleo
ted members, much lees than quorum, IN
der,ook to unite with those Who we're no,
elected and vho by the returns - construed
by the law laid down in the opinion OF the
court, invoked BY Governor Garceion him
self, did not appear to be elected, and to mee'
and adjourn, not for any purpose contempis
ted BY the constitution, bot TO organize
House. elect . clerk and speaker. and a. be-
lieve TO elect State o@cers, refusing to lister
to any protest or to permit any RON nve
cities. and refusing TO permit those Who had
been lawfully elected TO take their seats ane
narticipste in the organization Of the House
These proceedings We felt At the time were
unwarranted, even in the 6ercest struggle ol
party contention or BY the most imperiou'
demands of dogmstic and tyrannical parti
xxnship. We felt and believed that they
we're subversive Of the American idea o
representative government. and that bod.
80 organized had no valid existence, but wai
rendered by the manner and elements OF il
constitution void from the beginning. The
defect vas fundamental. A legal House
and Senate could not be made up il
the manner il was made. where in Ordel
TO make . quorum men were placed upon
the roll in violation Of the Law, and men who
we're legally elected were excluded therefron
and we're excluded from . rightful particips
ton in tue organization ofthe House. We felt
that if this could be done. then the Governor
and Council could take the place of the peo
pie, the source Of all constituent power. AND
could perpetuste themselves or such - they
shsuld select in spite of the people and con
trary to their will But the thing vas done
and this body with less than quorum pre-
ent and acting, BY their votes proceeded t.
unseat csrtifcated members andput others il
their place, and to 90 through the form o.
electing important State omcers to I'll the
places Of those whose terms were expiring.
But inasmuch - the organization electinl
these officers was illegal and without author
iv, it follows that the officers themselves had
no more potter or right to act than private in
dviduals. In the interest Of peace, and law
and order. We invoked the opinion Of the Su
preme Court upon all these questions. The
facts we're known to all the world, and were
fully made known to the court. When tn,
opinion Of the court WAS published. thes,
men left, ~ understand it, this building, be
fore the asseHbling of the legislature. ant
carried away rom its place in the Office Of th,
Secretary Of State, hot only the seal Of tn,
State, but the records, and the returns which
by the constitution are to be laid before tn,
House and Senate for their inspection ant
guidance. The act was deliberate and with
full knowledge Of the facts. 1t was after tn,
highest legal tribunal known to the constitu
ton and the laws had authortatively an
nounced that the legislature was unlawful
and Is = consequence these men knew thai
their election was void. In defiance Of THU
decision, instead of settling BY legal meas
ures their right to take and use this propert,
of the State, they secretly removed it, not q
much perhaps for the purpose of use as tc
impede and embarrass the operations of tn,
government. The doors of the rooms and OF
the safe we're locked and the keys taken away
And when the safe was forced open it VA
found rined of its contents. stripped ant
empty. entailing the trouble and waste o
forcing its lock when nothing was to b,
gained thereby. To open the safe was o.
little consequence if the papers we're gone
Sir. cannot state with certaiaty all tn,
motives which prompted this unprecedente.
act cannot know all the reasons for tn,
spoliation Of the archives of the State, fol
the removal Of the seal and especially fol
taking away the returns from the place,
where they we're deposited and where BY Law
they are to he kept. Every man must draw
his own differences and arrive at his own con
clusions.
They were proofs prima faeie Of the cleo
ton of senators and representatives, and il
them each member had . special interest ant
right to have them preserved and opened Il
inspection. They we're also the return,
which in many instances had beeu
disregarded BY the Governor and Council uu
on preteIts which the court have pronounced
to be frivolous and imperative. Il it posi-
BILE that an inspection Of them would show
upon their face . condition Of things which
would prove embarrassing to these parties
But if they would, 10 this any reason VII,
they should be suppressed? Is it not tru,
that this transaction carries With il the pie
nary evidence Of wrong doing, not only il
the act Of taking, but before that? Il 10
recognized maxim of the Law that everythias
10 to be presumed against the spoiler. II i
only the guilty who empress in violation o
law the evidences Of esime. Tho innocen
have no occasion 90 to do. II it 10 said thu
they were taken TO lay before the bod,
under the hill At Cnien Hall, I ausve
that all committees had been raised and al
reports made when such returns cevld b,
used, before the spoliatien. No. sir. there il
reason which would seem to lie bahind all
And 90 honest men viii believe until the re-
turns are brought back and an exan,inatiou
discioses that these natural suspicious are un
founded-time will tell.
Nor 10 their abstraction . crime as.ina
the men elected alone. 1t il the eravest Of
fence against the sovereign people of the state