The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1880-01-02
The Maine Issue.

/
THE QUESTIONS GOVERNOR GARcELoN PRO-
POSES TO SUBMIT TO THE SUPREME COURT OF
MAINE.
AUGUSTA. January 1.-The following are
the questions propounded by Governor
Garcelon to the Supr, me Court, and sent to
the Chief Justice late last night:
| |. When the Governor and Council de-
eide that there is no return from city in
| which the representatives can he summon
ed to attend and take their seats In the
| Legislature, Is il their duty 10 order q new
election, or Is IL competent for the House Of
| Representatives, II il shall appear that there
was no election OF such representatives, to
admit them TO their seats, though no return
thereof was made aud delivered into the
Office OF the Secretary of Statei
2. Is it competent for the Governor and
| Council TO allow the substitution OF other
evidence In place OF the returned copies Of
such lists as are provided for in Article w.,
part l, section 3, OF the Constitution, to en-.
able them to determine what persons APP
pear TO be elected representatives 10 the Le-
gi>lature by the plurality Of votes returned?
3. Is the return signed by majority Of
seectmen OF town. or aldermen OF city,
valid within the requirements Of the same
section!
4. Is the return by the aldermen OF city
which does not give the number Of votes
cast for each person voted for as member
OF the Legislature, and does not show what
persOns were voted for as such members in
any one OF the several wards Of such city, 4
valid return within the requirements Of the
same section!
>. Are the returns ,1Om towns or cities
which are not atttsted by the town or city
clerk valid within the same section?
Al. rt1t n
right TO reject returns of elcctio OF men,
bcis of the Legislature required by the
same election from officers Of towns which
were not made, signed, or sealed up in open
town meeting?
!. Is the return OF two persons purport-
ing 10 be the selectmen OF the town valid
and sufficient evidence OF the vote OF the
town. when it appears there were at the
time OF the meeting ut which the election
was bad but two sele :tmen OF that town 7
s. Can a person who was not citizen Of
the United States at the time be legally
elected or constituted a seectman OF the
town?
o. II a ballot has distinguishing mark
i'm the judgment Of the Governor or Coun-
ell, such as would make it illegal under the
statute, have they authority TO disregard it
in their aScertainment OF what persons APP
pear 10 be elected, where it appears by the
official return Of the officers of the town
that such vote was received by selectmen,
subject to objections, and lis eYalty re-
ferred To the Governor and Council for
their decision!
10. Ii the names Of persons appear in
the return without any number Of votes
being stated or carried OUT against them,
either in words or figures, l. it the duty OF
the Governor and Council to treat those
persons as having The same number OF votes
, as another person received for the same
office, and whose name is placed first in the
return, il they find dots under figures OF
words set against such other persons
! names?
II Have the Governor and Council a
, legal right to decide what kind Of evidence
they will receive, and what mode OF pro-
ceeding before them it shall be to enable
, them to determine the genu!ness Of returns
required by the article and section OF the
, Constitution above mentioned?
u. 1.-THE Governor or Council have before
them two lists OF voters returned from same
town differing materially from each other in
the numbers Of votes returned as cast for
same persons, but identical in all other re.
spects, both having been duly received at
the secretary's Office. and they have no evi.
dence TO enable them to determine which is
the true and genuine return, ale they re-
ouired to treat either OF them Is valid, and,
II 30, which,
BANGOR, Me, January 1.-Chef.Ju>tice
Appleton has summoned all the associate
Justices OF the Supreme Court to assemble
in tins city tomorrow to consider the ques-
tons propounded 10y Governor Garcelon,
which were received by this mornings
mail.
BosTON, January IA special from Au-
: gu>ta to the HerGid says: "lt appears that
! not a single member OF the Executive Coun-
Gil agreed with the Governor in his deter
mutation TO ask The opinion OF the supreme
= Court on the questions growing out OF the
recent election. Mr.. Pilsbury, too, was
! strongly opposed TO the plan; hut the Gov
ernor, backed by Mr.. Gould, decided to
submit the questions, rs concession TO pub
lie sentiment"
Ii is safe TO say, however, that the Cover
nor agrees with The Council that the action
OF the Court will have no effect on the re-
suit. The count is completed and certitl-
Gates issued. The questions are so framed
o that II il expected answers favorable to the
, FusiOnists will be given; and if by any
- chance there should be contrary result
; nothing eau he done about it. Probably
Mr. Morrill, will concur in this opinion.
! One OF the Fusion senators elect, lsaac L.
/, fIobsOn. a LlncOln.cOunty Greenbacker OF
: Republican antccedenis, has gTieved his Flu
sion friends here by declaring thaC the sole
, business OF the Legislature after organizing
ought to be the adjustment OF the question
= of the disputed seats, and that nothing else
, should be done until that is finished. Hob
son is one Of the cOUnted.in himself. The
Fusion managers insist that the election OF
Governor and State officers must come first.
The election eases will be deferred as usual.
since to settle these contested seats and com-
\ plete the fraud ard bribery investigation
contemplated, would he 10 leave everything
. at loose ends, and the state without Gov
= ernOr for weeks, II not months.
D A FALSE ALARM IN PORTLAND.
PORTLAND. January IA ripple Of inter
G est was caused to. day by the receipt OF tele
= graphic order from the iutant-General
addressed 81 the commanding officer of one
of the militia companies here. directing hin
= to report to Augusta with his company or
Saturday next. An Investigation, however
, proved the order TO be a forgery.
A Prosperous Year i'm Colorado.