Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1880-03-03
legislative Proceedings.

Confined from first Page.)
,ess a. they are now. end that $500 would be
large price to pay.
| The motion Of Mr.. STRICKLAND prevailed
and the bill vas. laid upon the table.
| On motion of Mr.. THOMPSON. the report OF
the judiciary committee, that petitioners for
secret ballot have leave TO Withdraw report
made in the House was taken from the Ia
BILE Mr.. THoMPsoS moved that the vote be
reconsidered whereby Senate concurred with
House in accepting report Of committee
Carried.
Mr.. STRICKLAND, from the minority of the
Committee on the Judiciary, on petition OF
Haliett Hamblin and others. reported bill
entitled an act to provide for sealed ballot
| PROVIDES that municipal officers shall pro-
vide rooms not less than four feet square.
With suitable light and doors for entrance and
departure. with shelves, etc. Two men, one
from each of the two political parties. who
shall see that but voter occupies the
| apartment at one time and for specified
time.
1t was decided BIZ the President that in
order To receive a minority report upon sub
ject already reported from the committee, it
was necessary that the matter be recommit-
ted.
On motion of Mr.. THOMPSON, the bill was
recommifted.
The Senate proceeded to the consideration
Of bill an act to repeal %, chap. =, ofthe
revised statutes, relating to issuing Of GER
tificates to members Of the legislature.
Mr.. Ellis said he did not wish 10 consider
the repeal Of this law as having any political
significance whatever. The proposition it.
self was introduced by member of the mi
nority He knew that the law which il is
contemplated TO repeal had been declared by
the Supreme Judicial court as uuconstitution-
al. He did not propose TO discuss the action
Of the court. But this repeats an act under
which we have acted ever since we have been
a State. The provisions of the chapter are
clearly defined. and lie at the foundation Of
all legislative bodies. Ii has always been re-
auircd that certificates should be issued from
| some source, previous to a person taking his
seat in the legislature. Its repeal would take
away all power Of the Governor and Council
in the matter. They may have overstepped
their powers in this case. He would not say
thev hal not. 1t was an exceptional case
perhaps one that would never again occur.
Its repeal would leave the matter very loose
w. and any one could come to the legislature
and claim a seat. He quoted from Cushing S
Manual, 10 substantiate his position. He did
not wish to question the wisdom of recent
proceedings, but recognized the fact that
there should be certificates of elections issued
from some source, so that a person may come
with i, and take his seat. He thought it far
better that the certificates should be issued
by the town officers but that does not change
the principle. There must be some prelimi-
nary examination of the returns. 1t is I'M
wise to repeal this law, rs the decision Of the
court may be changed decisions Of the
court have been reversed in the past.
In, u lis f.,rt hn
repeal of a law that is not of the slightest
utility. II is in direc, conflict with the law
of 1877. In the election of the members OF
the present legislature, the people of the State
had voted, and the returns sent rs usual TO
the office of the Secretary Of State. The
people had pronounced their verdict, and
had quietly returned to their usual avoca-
tons, apparently satisfied. Ii was announ-
ccd evervw here that a republican victory had
been achieved the democratic and republi-
can papers both announced this fact. But
there began to be whispered in the ears of
victorious candidates that they were going to
be counted ont, and the people deprived of
the results Of their victory. Within thirty
days after election. he had been met on the
streets with the salutation-'' Bradford YOU
are id clever fellow, but you are going
to be counted out" He did not believe it at
the time. But at last he was convinced and
he felt ashamed of those who had control of
the govcrnment-he felt injured that plan
was in progress tor defrauding him Of his
rights. He employed counsel. Hon. c. b.
Rounds, who came to Augusta, and for a
dozen days he pounded at Bcshazzar's
gates, but there was no admission granted
He filed charges and specifications, but no
one gave him satisfactory answers, and all
the charges which Mr.. Rounds made at the
time had been fully substantiatcd BY subse-
quent events. Until twenty days before the
assembling of the legislature no access was
had to the returns, and we did not know
whether they were to have their rights or not
| He came here himself determined to have
, his rights il possible. He appealed to the
Governor in writing. but he did not even
deign reply. He appeared in this chamber
in hopes that his rights should be granted
him. But he had waited in vain. He had
seen an Illegal Senate organized only one
Senator standing up manfully to assert the
rights of those who had been elected. Re-
peal this law, and YOU take away from anv
Governor who may hereafter choose to exer-
else it. the power to defraud the people Of
the State of their rights. The court had de-
cided the law unconstitutional, and it should
not be left upon the statute books.
Mr.. HARRIS said that as the Judges had
tpUstFutu Tue CpUstiutiou tillS law Is uncNn-
stitutioual. and if allowed to remain on the
statute books. would be liable to deceive the
people, and for that reason should vote for its
repeal
! Mr.. ELLIS was sorry to see this matter tax
ing y political turn. lie disclaimed any
wrong doing. You strike out all of this law
and there will be no nece 'sity for the Cover
nor and Council issuing certificates. He did
not say that the right thing had not been
done in the present emergency; sometimes
the end iustifes the means. He would grant
that if the Senator from Washington county
had been elected. be should have a seat. This
certihcating is necessary in order to avoid con-
fusion ON the assembling of the legislature.
He had come here with the deliberate deter
mination of doing all in his power to secure
the rights of every man at the board. He
was in favor of the law remaining upon the
statute book as safeguard.
Mr.. BR,proRp said the repeal of this sec
ton would not interfere with the remaining
law on the subject. Should this section re-
main an opportunity is offered to the Cover
nor and Council to make a legislature of per-
sons who were never even voted for, and take
from the people their rights. This section is
unconstitutional aud unealled for
Mr. ~,