Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1880-02-24

| Numerous Democratic papers, including
our evening contemporary, have charged that
the recent decision Of the Supreme Court OF
| Maine, in favor of the Republicans. was not
only partisan. but In direct conflict with a
previous decision of the same body. These
charges are utterly baseless, and when all
the facts are understood as presented in the
following letter from Hon. Al len J. Blethen, }
| il will be- seen that the decision Of 1880, re-
afIirms that Of 1871:
| To the Editor Of the Dispatch:
| In n recent issue Of the Evening Herald, o.
your city there appeared oEe article which re-
| dccted severely upon the integrity of the SUI
preme Court OF Maine. In the opinion ofthe
undersigned there IS no foundation for the
conclusions therein arrived at: and my oh
ject in this communication is to give Won the
exact facts relating TO the cases cited in the
| Herald, and from which the evidence Of al
legged injust and corruption is adduced
The Herald first quotes from an opinion
rendered by our court in December, 1877, as
| follows:
| ''i' is to be regretted that votes are lost by
tire ignorance or n gil yence of town officers.
hut the obsiprs remedy i, to choose such as
know their duty, and knowing it will legally
| perform it"
| Then quotation from the late decision OF
the court is given, As follows:
| "The Representative is not to be deprived
Of his rights because municipal officers have
neglected tn, ir duty"
| At a mere glance there seems to be an in
consistency in the two conclusions, but be-
lore we charge corrupt motives to the judici-
AIRY of a State let us examine the facts out OF
which those conclusions grew. The first
quoted was the result of the following ques.
lions propounded by the Executive Council
1877:
| |. Can the Governor and Council. in the
| performance of their duty to ascertain what
| county officers were elected nj the general
election in September. lawfully count the
votes OF town the return of which bears
the proper signature of one of the select
men. ard the names of the two other select
men rrthen By other hands than their orn
Wherever the constitution or the
statutes of the State requires the official sig
| fUfN)t pI ~ VHOttC pFfrfJ. tie UiUst PERSONALLY
AJAX his signature or mark. This duty can.
not he executed by attorney or delegated to
another.
/. The select
men are required (bv statute) to sign the re-
,rrns. but il all but one were permitted to
sign bv attorneys. there could be no reason
why all might not do so. and if this were so
| there might be returns counted to which no
| officer had alfred has signature as required
by iar.
.. Can the Governor and Council. in the
performance Of their duty in counting votes
for county officers, lawfully count the votes
" n town the return of which is not attesfed
~ fae toxin clerk
Answer.-rhe town clerk is the recording
officer of tho doings of the town and withou,
his atfcstGtion there is no ieGri er,i>ace thai
,aY rots has been cast. Then follows the
quotation first above cited, at is to be re
yretted," SC.
Now observe that in each of the question,
propouaded there's fatal error-the first be-
ing that an officer cannot sign his official name
ny al attorney, and the second that without
the town clerks signature the return il fatal
" defective. Observe, also. that in ali tn,
questions propounded TO the court. bott
| ~ trtNtTncT taTcrlOu ana inc TWO ISglSia
lures. no one of them involved the letter o,
substance of the questions above quoted. aut
| which the opinion Of 1877 Iccil.s-excep: 50
FAR as one question relates to deputy clerk
s.l there the opinion of 1877 is affirmed
How. then. can the assertion OF the demo
Gratis that the opinion of 1850 exactly revers
es that of 1877 % true? But there is anothe.
verv irlprrtant point tn he considered The
constitution provide that the Governor ana
Council shall determine from the returns who
are elected to Till county Offices. and the only
remedy in case Of an error is nv ono var
rsn;o" proceedings. AID in the opinion al
iS5T the whole question related 10 COUNTY Of
scsrs. Bat the opinion Of January ;. 1850
related srioliy and erelasir>ig 10 men5ers o;
tst legislature. and with respect To- then, the
legislature itself is the sole end ultimate
laj-e as to who are elected Now. TO he
strictly .air and to do even justice let us
consider t,se circumstances under which the
second quotation arose. aud, 10 make the case
perfectly clear. | quote from the Courts
opinion.
when the seat of representative has
been vacated by death. resignation. or other
wise, provision Is made by revised statutes
chan. I, secs. So, ~. and ~. for filling the
| vacancy. II, these provisions. whenever the
municipal officers thers'in mentioned have
knowledge by any means of the death of a
representative elect. or Of a vacancy caused
IN any other way. il is their duty
10 order new election. If il ap-
pears to the House of representative
not TO the Governor and Councill tina, there
was an election of Representatives in fact.
they sko-i9 adaif thew TO their seats. though
no refss-s thereof b. mad. TO the Secretary Of
State. The Representative il not to be de-
prived Of his rights because municipal of
GERS have neglected their duty"
Thus il appears that the decision of 1877
related to the duty Of the Governor and Coun-
| Gil in case where the Constitution practi-
caily makes them the real Judges as to who
may he elected. while that of January. Sd.
lSso, relates to the duty of the Leqisiafnre.
concerning the election Of members where
there is no doubt as to who are elected. but
where by some mishsp NO refsy1 has been
made: and it must also be kept in mind that
the Legislature are BY express provisions of
the constitution made the proper. ultimate,
and only judges Of who are elected without
| reference 10 what the Governor and Council
may do-far their duties are merely uisisse-
nal 80 far A. the returns Of towns relating tn