The Portland daily press., 1880-10-01
Lewiston journal.
Smoked Out.

We believe it is not the custom of the Legislature
to throw out single vote (for Governor) for any
such cause because some of the votes are for Hiram
instead of Harrisl On the contrary the Legislature
always counts such votes. 1t is parliamentary law
to do so. And the grave ass ump-
ton by the learned pundts of radicalism that the
Governor and Council are governed by the same
rules as the Legislature in counting votes must
dreadfully confuse their readers-at least those
who do not happen to know better.-Argus.
The Argus is at last smoked out, and don't
seem to be so much in favor of a Constitution
al count as it has been. 1t jumps up on the
other side so far as to publish statements con-
trary to the fact, and having no foundation in
law. No one ever knew of an instance where
the Legislature counted for Harris M. guber-
material votes returned for Hiram or Morris,
or Harrison; or rather allowed gubernatorial re-
turns to be corrected by the record so to count
them for the persons for whom the votes were
cast! Never! The gubernatorial returns have al
ways been counted precisely as they were
made. In 1876 over 1900 votes actually cast
for Nelson Dingfey, IT,, but returned for Nell
son Dingley, were not counted for the former,
So much for precedent.
1t is not parliamentary law to count votes
returned for Hiram, Norris and Harrison
Plaisted for Harris M. Plasted. On the con-
trary parliamentary law requires the count
ing of such returns for differenupersons. Wher-
ever a contrary course has been pursued. and
evidence received that the records showed the
votes to have been actually cast for Harris M.
Plaisted, it has been either by virtue of an ex-
plicit statute law (such as Governor Garce lon
and Council violated, with the approval of the
Argus), or when either house of the Legisla-
ture acted under the full and unlimited au-
thorlty granted by the constitution, in deter
mining the election and qualification of its
own members.
The Argus intimates that the Legislature is
governed by altogether different rules in can
wasting gubernatorial returns from what the
Governor and Council is in canvassing county
and legislative returns. If the Argus means
that Republican legislature will undoubted-
ly canvass such returns more in accordance
with law and justice than the Fusion Cover
nor and Council did, we will concur in the
suggestion. But if it means the Legislature
has more right to overstep or defy the consti-
tuition and laws in such canvass than have the
Governor and Council then we deny the state
ment. The Legislature has full authority un-
der the constitution to do what they please in
determining the elections of members
in either house. But in canvassing the
returns of votes for Governor, it is
the constitution and laws that the Governor
and Council are under. The Governor and
Council violated plain law, and Republican
precede nts since the law was enacted, in re-
fusing to correct legislative returns by the
record, in order that they might count out Re-
publicans; and the Argus applauded. The
Legislature, however, might refuse to allow
the correction of gubernatorial returns, and in
SO doing would act in accordance with prece-
dents and with the law as it stands, for there
is noc no statute or constitutional provision du-
dtorizing the correction of gubernatoridl re-
turns.
The Argns and other Fusion papers, which
endorsed the violation of law in order that
votes returned for G. S. Hill might not be
counted for Geo. S. Hill, (Rep) present sim
gular spectacle in demanding that the Repub-
licans shall count for Harris M Plaisied GU
bernatorial return for Morris Plaisted, when
there is no law providing for the correction of
gubernatorial return. At the Rme time we
trust that the Republican Legislature will, by
an amendment of the statute of 1867, or
equivalent action, authorize the correction of
Plaisted returns by the records, and thus go
even out of their way to carry out the will of
the people, notwithstanding it may count in
men who violated law to count out Republi-
cans.