The Portland daily press., 1881-01-13

&ESIXTIETH LEGISLATURE.
Es Especial Despatch to the Press.l
LSrsszsy9s SENATE.

ENEz.a. Especial Despatch to the Press.l
EA1. SENATE.
- AUGUSTA, Jan. II.
Mr.. Berry from the joint select committee
on gubernatorial votes reported submitting
their report, which declares that Harris M
Plaisted having received plurality of votes
returned is duly elected Governor for the
current political term, 1882.
Mr.. Mortland presented minority report,
which refers the governor question to the
court and moved that it be substitu, ed for the
majority report.
In support of his motion Mr. Mortland pre-
sented his views in which he stated that we
were not to decide this matter as the repre-
seutatives of any political party; we were not
here owing allegiance to any political party
We are here to discharge plain duty. He
contended that the power was not in the
Senate to declare that anybody has been
elected governor; that power has never been
conferred upon us by the constitution. Our
duty is simply a ministerial one. He main
tanned that a majority of votes was required to
elect. The legislature cannot elect except in
a contingency. The people can only elect.
He did not believe that the constitutional
amendment changed the constitution on the
day OF election i'll September. He called at
tention to article y of the constitution relating
to amendments, and showed how the constitu-
ton can be amended. He deemed this
question of such importance that it could only
be settled by the court. 1t would be dangerous
to do otherwise. There was a difference of
opinion in this matter, and if for no other
reason than this it should be referred to that
tribunal. He cautioned the Senate and this
House not to rush through matter of snch
Importance. Let us go Slow and if there is
doubt let that doubt he removed by the court.
Editors and newspapers had instructed us as
to our duty, but he had confidence in the
wisdom OF the legislature. He argued that it
was only the intention of the legislature last
winter to substitute the word plurality for
the word majority in the Constitution. This
was all, nothing more. This was all the
people voted upon in the resolve submitted to
them, and while perhaps the constitution had
been amended, yet there were grave doubts
whether 1t had been amended at ALL He con-
tended that whether the plurality amendment
applied TO the September election or not was
not adJudicated upon by the people, and it
was mistake of the legislature last winter
that 1t was not submitted to the people, He
quoted precedent and showed that no amend.
ment can be offered having retroactive effect.
Inc VIII OF the people was not expressed at
the last election when they voted on this
amendment Only some 81 600 cut of l4S.O
voted, about one-third. He sustained his
position by quoting a decision in Indiana
There We're " 600 people in Maine who had
not expressed their will in favor of change
In the constitution. Let the court settle this
matter and the people will submit gracefully.
Mr.. Berry explained the action of the COM
mittee and said it was the endeavor of the
committee 10 express the will of the people.
Only two towns had been disfranchised by the
committee in reaching conclusion These
were Blaine and Gray. He favored the
majority report.
G Mr.. Walker of Oxford disclaimed that apy
party spirit had controlled the majority of he
committee in their consideration of the matter
He commended that Harris NJ Plaisted had
been elected by plurality of votes. Let US
move straight forward in spirit of Justice
Any other course would be not only an err
ror but blunder.
Mr.. Dudley of Aroostook independently
thought that the people last fall, when they
voted on the amendment, voted in good faith
Ii was their intention to apply the amendment
TO that election. He would ask the Senator
from Knox (Mortland) if he voted for the
amendment.
Mr.. Mortland-I did
Mr.. Dudley thought it strange then that the
Senator should have voted when the amend
ment, according to his argument had no bind
ing effect.
Mr.. Bisbee of Oxford con tended that when
the people voted on the amend ment last fall.
at the annual meeting, they knew lust VIII at
they were voting for. The resolve had been
published in the newspapers and had been
posted at the polling places, and it had been
read and understood by the people. He argued
that the amendment had been adopted and
that 1t applied to the September meeting. He
would not plead the baby act or the Sunday
law.
Mr.. Emery of Hancock replied to the Sena-
tor from Knox, and presented the legal aspects
of the case. He spoke of the object of the pro-
posed amendment, and why the people made
change. The people wanted to avoid such
conflict as arose last winter. He showed that
the resolve had been adopted, when it took
ef1ect and how it became part of the constitu-
ton.
Ii the people voted upon anything at the
September election, they voted upon that re-