Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1892-10-17
CIR coyEasnesr.
fsii Report Of shs CITY sssieitsr On Pstitisn
Tor aseeUnt.

evening the committee on highways, a.
whom was referred the petition Of VIM H.
Reid and others, reported that the SHE
saik On Melville street Is very lo~ and
you'd recommend that the same be built Mp
with gravel OF. the east sile Of said street.
The same committee reported on the pet
ton Of Nathaniel White aud others that
sialew ak should De laid out On Jackson
street "a called for by the petitioners, ana
woud recommend tina, the same be bniis
with gravel.
I Reported from the same committee
{ that a gravel sidewalk should be
built On the east side OF State street from
Bridge street TO Winthrop street. Reported
( from the same committee that the sidewalk
on Ches tnut street should be repaired and
/ put 10 good condition. The petition Of h.
/ r.. Parkman and others for concrete side
| waIk on sewaiI street from Green to Weston
/ street vas referred TO the next city govern
| nssDt.
The petition Of Ira II. Randall and Others
for the construction Of branch sewer from
the present sewer on Bangor street, running
east TO the top Of the Hill on said Marfay
street, was referred to the committee or
drains and sewers. The petition Of Thomas
Clark and others for an extension OF Grow
highways. The resignation of Dr. j. q.
Webster from the school committee
received.
and the follGwing was passed Whereas
Dr. J. y. Webster has rendered his resign9
ton a. chairman " the board of superb
tending school committee after continuoG'
service of many years, there fore,
Resolved, That we learn Of his resigna
ton with deep regret. We know the vasi
amount Of intelligent and efficient work b,
has done for the schools Of this city. ard
we assure him that his public service will
be- fully appreciated and long remember
by all our citizens.
Resolved, That this resolution be- sprca,
upon the records and i copy of the same l.,
sent to DR.. Webster by the clerk.
To the Honorable Mayor and Board o.
Aldermen of the City of Augusta
pom the matter of the petition of jane
f. Fuller and Rodney B. tapen reqnestin.
your Honorable Board To order Il recoun'
of the ballots cast in this city at the la-t
election for representatives, TO the Legi-la
ture, which was referred to NE. | have the
honor to report as follows.
II is perfectly clear upon an examination
of the constitution and statutes relating T.
the matter. not only that the mayor and
board of alderman have no authority To or
der such recount, but also that even II The
respective wardens and ward clerks of III,
several wards in the city, either with or
without such order from the board of alder
men, should in fact recount the ballots.
such action would be entirely useless ana
Intellectual, az they would still have no
right TO amend their returns To accord with
the result of such recount. 1t is even
serious question whether such tampering
with the returns would not vitiate them for
the whole city, and certainly it would be
most fragrant violation of the clear and cx-
plcit requirements of the law.
IL being the evident intent of the law not
to permit u recount, no provision Is made
for the preservation of the ballots, without
which recount would be Of no practical
value, To say the least.
The entire subject il regulated By section
: of part first of article " of the State
Constitution, which requires the wardcns III
their respective wards To sort. count and
declare the votes in the presence of the
ward clerk in open ward meeting, requires
the ward clerk To make a fair record of the
names of all the persons voted for and of
the number of votes cast for each in the
presence of the warden in open ward meet
ing, fair copy of which is required then
and there to be made, certified to by the
warden ami ward clerk and sealed up in
open ward meeting and delivered to the
city clerk within - hours after the close
of the polls The board of aldermen are
then required thin 81 hours after the poll
close TO open the returns IN the presence of
the city clerk examine and compare them
of which the city clerk is required to make
a fair record and make return to the secre
tary of State
The count and record must be made up
in open ward meeting with the utmost pub
lcity. obviously for the purpose of prevent
ing-fraud and after that ward meeting has
adjourned there can he no recount.
The constitution makes the House of
Representative the final and exclusive
Judge Of the election and qualification of it,
members, and the statute particularly speci-
fies the manner in which candidate de
feated on the face of the returns may make
his contest for seat in the Legislature.
though it is not rs means of recount of
the ballots.
While am ON the subject will take oc-
casiou to remark for the benefit of the war
dens and ward clerks in the city among
whom there appears to have been some con
fusion upon the question of counting the
ballots cast at the hast election, that the
statute passed by the last Legislature. com
monty known a. the Australian ballot act,
provides only for secret ballot. but has
no application To the proceedings after the
polls close. For the most obvious reasons
the intent of the statute as well as the eN
press provisions of the constitution require
a secret ballot and public and open count.
The count should he conducted in plain
view of the voters. " bo should he permit
ted to see how each ballot is marked and
how each IL counted
Respectfully submitted.
BY 4. NJ GopptRp,
City solicitor.
This report was accepted and the petition
ers given leave to withdraw.