Daily Kennebec journal., 1880-01-01

NOR and Council rejected the return dis
franchised Pennington ard counted in the
man rbo was not elected. though in the
democratic town Of Maysville, in Aroosfook
county. the whole number of ballots is 1el,
while the sum Of the votes is l6s, and still
the return il counted in.
The Governor and Council profess to fol-
low the constitution and nothing else.
But the constitution nowhere requires the
whole number of ballots to be stated.
Under the constitutions. then. no return
could be rejected even if the whole number of
ballots we're not stated at all, still less if err
roneously stated.
Worse than this the whole number of bal
lots in Pennington was not enormously stated
but was in fact exactly a. the return states,
four more fhaa the whole number of votes
for the two opposing candidates. The statute
(R s. c. 4. 32l which requires the whole
number of ballots to be stated commands al
so that all blank ballots shall be recorded and
returned, and by the testimony Of the town
clerk. Of Pennington. it appears that four
blank ballots for representatives were cast in
addition to the s3s east for the two opposing
candidates. that the return accorded not
only with the strictest Law but with the most
literal fact
Moreover, as TO the statute which thus adds
to a return a requirement unknown to the
constitution. its validity might we'll be
doubted By Governor and Council which is
exercising at pleasure :he powers of the
Supreme Court, especially when the reason
for the enactment of such statute
has long since passed away. This
statute was enacted when n majority Of votes
was required TO elect and therefore the whole
number Of ballots was necessary TO determine
the result. Now the same officers are chosen
by plurality only. and it is an ancient maxim
of Justice and the Law that the law ceases with
the reason on which it is based.
Is it due 10 these obvious and insuperable
objections that in the second report of the
committee of the Council. giving the towns
disfranchised and the reasons therefor, the
committee class Pennington among those
towns where therecord or the return was not
made up in open town meeting:
What evidence had they of this, or from
whom? 1t certainly does not appear BY the
return. which is perfect on its face, and if the
constitution is to be their guide the constitu-
ton orders them to issue the certificate to the
person who appears by the return to be elect
ed. And the Supreme Court OF this State has
repeatedly decided that under the constitu-
tion-and no law has changed il in that re-
spect-they can receive no evidence outside
of that return except to prove that
the signatures affixed are not genuine.
fOpinion of the Justices. Ga Maine 590-59l. I
and IN that rery case the return Of the rard
clerk ros prored not TO hare been signed by
him in open ward meeting and nerer to hare
been sealed
This case is so exactly applicable that we
the report.
'sAt the meeting in Ward Five in Ellsw orth.
the votes were declared and the meeting ad-
iourned without dav. After said meeting was
adjourned the ward clerk made out the re-
turns which were signed by the warden and
the clerk but not sealed. The deposition of
the ward clerk taken on oath, shows that he
carried the returns unsealed until nine O'Clock
Tuesday forenoon. when not being able to
|, find the city clerk or get into the city clerks
office to deliver them, he gave them to an
other gentleman unsealed who subsequently
delivered them to the city clerk"
The first question submitted to the court
bv the Governor and Council was: "Were
the votes cast at the said meeting as above
stated legal within the meaning of the law!"
The court in their reply say: ''There are
many irregularities and illegalities in the
proceedings to which the question proposed
relates. and which are assumed to be capable
of proof; but unless they appear an the return
signed by the proper officers, the return must
be coHufed.'
Have they in disfranchsing Pennington
acted without evidence or on some secret pa
per taken er pa,1e, filed without notice and
secluded to this day from the Republican can
ddate? Certain it is that the Town Clerk of
Pennington has twice made application. once
in person and once BY counsel. for copy of
such paper, il any there be, and none has been
furnished.
THE JAY DISTRICT.
In this district as appears by the face of the
returns, the republican representative. J.
X. Eaton, was honestly elected. Mr. Eaton is
counted out. and his opponent, Jason c. White
counted in. by meagre majority. This
has been done by disfranchising the strongly
republican town of Jay. The ground for
this, as alleged in the official report of the
Executive is. that the return. which was per-
feet on its face, not signed and sealed in
open town meeting. This the return does moi
show and by the constitution and by the de-
cision of the court above quoted the Govern
or and Council have no right to hear evidence
upon it. Opinion of the Justices Ga Maine
$50.
But again defying the constitution and the
decisions of the court, Gov. Garcelou strikes
out a whole town from any voice in the choice
either of senators or representatives. although
the return is on its face in strict conformity
to law. on evidence accessible to one party
alone, taken. filed and passed on. without no
tice to the town or to the representative af.
fected.
The WEBSTER AND LISBON DISTRICT.
The three towns of Webster. Lisbon and
Durham. constitute representative district.
Webster and Lisbon gave each a republican
majority to VIM. II. Thomas. Durham
alone gave democratic majority to
Leonard II. Beal, smaller than either Of the
other two. It was impossible in that district
to defeat the candidate whom the people had
chosen, without throwing out both republican
towns. The returns from the three towns
were absolutely correct on their face, and
showed the election Of the republican repre-
sentative by a clear majority. Searching for
an expedient it occurred to Mr.. Fogg and
the other gentlemen of the Council that the
signatures of the three selectmen on the
Webster return and of two of the three on
the Lisbon return might be either forged or
written by the same hand.
To prove this they took no word of evil
dence on paper or by parole. and gave no no.
tice to the town officers thus accused of vio-
lating their official duty, to the towns to be