Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1880-01-13

about II. When Mr.. Councillor Parker was present
AZ the time the vote OF lersey was counted ne con-
CURED in regarding IL ~ regular and legal but now
with Mr.. Councillor Parker ono hundred n, Ne.
away In Aroostook, the valuable statement OF Mr.
William Dickey as % what Parker knew anu could
tell II he were present IS accepted as Conclusive on
the important issue OF distranchsing Town anu
changing the Representative OF district. or all
the actions OF the Governor and Council this iast
regarded ms the most extraordinary and indefens-
BILE. To accept beresay evidence on iact outside
the returns aud which the Supreme Court IN 81
Maine, IS have decided Is not open evidence IN
novel process Of destroying the franchise oil suffrage
oil an entire town.
FARNISGToS.
Town of Pennington, casting vote oil sE, Is
classed with the plantation OF Perkins, casting
vote OF 81 Together they elect one Repre- sentative
Pennington gave the Republican candidate " ma
date majority OF l. II the -. voters of Farming.
ton could disranchised 10 was possible 10 count
in the fusion candidate by a vote OF u TO Is In
total vote of p from Perkins plantation. Tue re
turn from Pennington stood thus!
whole number OF ballots, 81.
Charles \. Thomas had TOUR hundred and h'riy
seven tli1l votes.
Lewis Voter had four hundred AMI cue tiol)
votes.
The sum total OF these votes j. SIS.
The SUM total of the ba lots is stated al Sis On
the pretext oi this discrepancy the Governor anu
Council rejected the return. disiranchised Farming
ton and counted in the man who was not elected
though IN the democratic town OF MhysNllIt, ln
ArOOsiook county. the whole number OF ballots -
l6l while the sum OF votes Is lS.. ami slhl thc
return Is counted In. TIE Governor anu Councl'
profess To follow the Constitution and nothing eisc
But the Constitution nowhere requires the whoe
number OF ballots IA be stated. ndcr lhc 'onsu'
tuition, them return could De- rejected even II zoe
whole number OF ballots were not stated al All sun
less If crroneousy stated. Worse than this, thc
whole number OF ballots In Pennington was not cT-
rOncously stated but was In iact exactly a. inc fc
turn stAtes-four more than the whole nnmber 10
Votes-ior the two opposing candidates. The STAT
ute r. - c. T. 81 which requires The whole mum.
Der of ballots to Dc stated commands also mat all
blank ballots shall be recorded and returned. and
blank ballots shall be recorded and returned, anu
BY the testimony of the town clerk OF farmlnetoh
n appears that four blank ballots for representa-
uyes were cast In addition 30 the ss cast for TIE
two opposing candiia. so that the return accoru
only with the srictcsi law but WIKI ne most
literal fact. Moreover TO the statute which mus
adds to return requirement unknown TO inc
constitution, It's validity might well be doubted ny
a Governor and Council which - exercising al
pleasure the powers OF the supreme Court. cspcc-
ially when the reason for the enactment oi such
statute has long since passed away. The statute
Was cnacted when n majority OF votes was required
10 elect and therefore the whole number OF baloIs
necessary 10 determine the result; Vow .nc
same officers are chosen by plurality only, and II Is
An ancient ma Kim OF justice ans the law thai the
law q ascs with the reason on which II u bascl
Iiis due to these obvious and insuperaolc oOJeot,
lions mat In the second report OF the committee OF
the Council giving the towns uisiranchised anu the
reasons therefor. the committee class farmlneton
amorg those towns where the record or me rvlutn
evidence had they OF this or nom whom III Ger
tainly docs appear by the reiurn-which Is per.
feet on face and If The Constitution "a 70 Ue 'het
guide the Con sututon orders them 20 issue the GER
uucaies 10 the person who appears by the return 10
DC elecied-and the Supreme Court OF ms state
has repeatedly decided that under the Constitution
and no law has changed u IN that respect they can
receive no evidence outside that return except Ia
proyc that the signatures affixed are not genuine
iOpipion OF the Justices, - Maine SO.ial) In THIS
the return was proven no' 70 nave Osen slsnoI
Il. In,
have been scaled. rhis case j. 30 exactly applca
lle that We quote from It's statement oi iActs a-
found in the report: al the meeting In ward nvr
In Ellsworth the votes were declared and tee meet
ing adjourned without delay. Amer said meeting
was adjourned the ward clerk made out the returns
which were signed by the warden ana clerk, ouI
not scaled The deposition OF The Wsrd cltrk
taken n oath shows that he carried the returns I'M
scaled until nine O'Clock Tuesday morning when.
not being able md the city clerk or get into The
city CLERKS Office 10 deliver them. be gave them 10
Ancther gentleman, unscaled, who subsequently
delivered hem TO the city CLERK The irsi question
submitted To The court by the Governor ana Coan'
ell was.
Were The votes casI al the said meeting as above
stated legal within the meaning OF the law
The court IA their reply say -
"Ther. are many Irregularities and illcgaiiIies
in the proceedings 20 which the question proposed
relates ana whlth are assumed 10 lie capable OF
pfool but unless they appear IN the return signed
by The proper n GERS The return must be counted
How they Ia DISTINGUISHING Pennington acted
Without evidence or on some secret paper taken
exparte died without notice and secluded TO THIS
,lAy from the republican candidates. Certain IL ~
thai the town clerk OF Pennington has twice nahe
application, once in person and orce 10y counsel
FOR copy OF such paper, any there b. and none
has been furnished.
In this district as appears by the face of the re
turn, the republican Representative, j. . tAion.
was hone slly elected. Nr. Eaion - counted OUT
and his opponent jason c. White, counted In by
messre majority. This has been done by disiIan'
chisng the strongly republican town OF jay. Inc
ground Tor this, alleged IN the onc'al report =,
Inc Executive Is that the return which IL perfect
on lis face, was not signed and scaledln open to"h
rneeurg This the return does not show, ard by
m, constitution and by the decision OF Tue court
above quoted, the Governor and Counoil nave no
right IN hear evidence upon 10. tOpiniun OF the
Juslices 80 Maine So But again dcIy ing the con
t,tntion and the decisions OF the court, Gov barcc
len strikes out a whole town from any voice IN the
choice either of senators or representatives, al
though the return is on It's lace. IN suic' conior
ty 10 law on evidence accessible to one party alone
taken died and passed on without notice 20 the
town or the representative Affected
WEBSTER LISBON AND DURHAM.
The three towns OF Webster, LisIon and Durham
ronstitute a representative district. Webster am
Lisbon give each n republican majority 10 VIM H.
Thomas Durham alone gave democrauc niSyoll-
~ TO Leonard II. Beal. smaller than either OF 'ne
Gfher two II was imposs BILE in that district TO
defeat the candidate whom the people hnd chosen
without throwing ont both republican towns; Tie
returns from the three towns were absolutely cor
rect on their face, and showed the eIecuOh VI thc
republican representatives, by clear majority.
Sea rchng for an expedient IL occurred 10 Mr. to2g
and the gentlemen OF the Council mat the sigma
lures of the three selectmen on the webster return
ana of two OF the three the Lisbon return might
he e,iber forged or written by the same hand To
prove this they took no word OF evidence on paper
or BY parole and gave no notice 10 the Town oceis
thus accused OF violating their Official cuiy, 10 the
a. .fttz nF n a.