Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1882-08-18
D1SAGREE1NG TOWNS.
Monmouth, Litchfeld and Manchester
Appeal to Judge Whitehouse
10 Decide Which Town is Entitled to Nomi.
nate Representative.
He Advises that the Honor Go to Liteh.
neId-Ressons for His Opinion.

for the town of Litchfeld, County Commits
sioner ndrews for Monmouth. and |. n. Wads-
worth, Esq, for Manchester. By the Re.
solve approved February 9th, 1871, Man
chester, Litchfeld and Monmouth constituted
one representative district .sfor the 5lst legis-
lature and the succeeding legislatures to and
including that of the year 1881" Thereupon
1t was satisfactorily arranged by the selectmen
of the respective towns at a conference duly
held, that the candidate for representative
| should be selected by the towns in the fol-
lowing order: 1872, Litchfeld 1873, Mon
mouth; 1874, Manchester; 1875, Litchfeld ;
| 1876, Monmouth; 1877, Manchester; 1878,
| Litch6eld; 1879, Monmouth 1880, Litchfeld ;
1881. Monmouth. The population of Mon
| mouth was l744; of Litchfeld, 1906. and
| the right to select for 1888 princi-
pally on the ground that in returning to
commence a new decade she stood in the
regular order; Monmouth on the ground that
she had relatively more population than the
other towns, and Manchester on the ground
that she had not selected since 1877 After
hearing the arguments of the parties, Judge
Whitehouse said he should not assume to de-
termine any constitutional or legal questions !;
indeed he had not consented to act formally
as referee, for it was not matter with re-
spect to which an award would be binding
upon any parties, but he was willing to aid
them by friendly suggestion. 1t was OBJ
viously the part of wisdom to give such con-
structiOn to all legal and constitutional pro-
visions as would insure the orderly continu-
| ance of the several departments of govern
| ment whenever that could reasonably and
consistently be done and under the last
clause of sect. 3, art. ". of the constitution
| that ''the right OF representation, so estab-
| lished, shall not be altered until the
| next general apportionmeDt," it had never
seemed to him very bold assumption to re-
| gard the apportionment of 1871 as still in
force, notwithstanding the failure of the
Legislature and the Governor to agree upon
| a new one at the expiration of the ten years.
| 1t seemed to him that, starting with this
! proposition, the situation presented no
| serious difficulty. Unler the apportionment
| of 1871 an agreement was effected between
the TOW ms in question with respect to the
order of selection which was entirely salts
factory to the parties. They adhered to it
uniformly without question or complaint,
| throughout the decade. 1t could not be
asserted that the same apportionment
| assumed to be in force now, would not con-
tinue for another decade and it was not I'M
reasonable to suppose that an arrangement
which was acceptable for one decade would
he at least approximately so for another.
| He therefore suggested that the question
admitted of ready solution by adopting a
rule which was general in its application and
one which would conduce to orderly
results. The decade completed by
the election of representative for 1882.
| Let the parties now return to the point OF
departure and perform the journey again,
| observing the order of selection fixed by
them for the first decade, upon the assump-
ton that the same appointment might con-
tinue for a second decade. 1t was true it
might not continue, and if not, the facts
with respect to each town might be considered
| at the several conventions of officers or dele
| gates Of towns in making arrangements I'M
der the new apportionment when made. There
! might in some cases be considerations of an
exceptional character which should modify
the application of this general rule; but he did
not find any in this case Of sufficient weight TO
require any qualification of it. Ii was true that
| Manchester had not selected since 1877, but
she exercised the privilege each third year
prior to that time. 1t did not seem practical
BILE TO reconsider the question of population
after the towns had established the order OF
selecting; nor should the coincidence of the
first election under the biennial rule with the
last year of the decade, affect the question
The election of 1880 closed the decade, and the
right To select for that year had been assigned
! to Monmouth The fact that in the meantime
the system of biennial elections and biennial
sessions had been established, ought not to
CHANGE the result. The order had been car
ried out as agreed upon, commencing with
Litchfeld and closing with Monmouth. lie
therefore advised that the right to select FOL
the next election be conceded TO Litchfeid
The parties cordially expressed satisfaction
at the result. and their purpose to act in &C
cordance with the views of the Judge
|