Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1893-02-08
THs cosrrsrsr Elssr,eS C.sE.

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Mr.. Belissa vs Law issea moved As an
amen,.mens THAT tie minority report be sub
situated for tie ma lofity report,
Mr. Eelieau sail feel that during ilf,s
whole Session uo nasster will come up of
such iasporfane. as the ,aatfer aov before
as. THIS qGsstion ef a contested election
Is Something neA IN : Maine Legislature
Whist ias csuSsd his contest in this Stsses
desire 10 s.s,!l the .stteniioa of the msn-
bers 10 ti.e shole trouble. l..
appears thai in 1881 TIE House ap-
psifsicd a committee 10 apportion the Stssc-
Yirs dill So -'fits county shall ehoose
four representatives To be apportioned as
follows FiGnisgscn .snsi New Sharon. one !;
Wilton, Jay. Carthage AMI Chestersille,
one Avon. Strong Phillips, Salem. Weld,
Temple. Perkins Piaaia,ioa. Washington
Plantation, Number SIX Plantation and
Letter H. Plantation, one, kingheld,
RangeIey, New Vineyard, Freeman, Eas-
taco, Madrid, iusigstrs, liangeiey Pianta-
ton, GreenyiIle Plantation, Copeland Plan
tation, Dallas AMI all other territory in the
county OF Fsanklia not included in any
other district, one"
Up to this point in the resolve there is no
disagreement. Bat here comes the
point To that was added this
language: The town of Phillips
is authorized TO elect representa-
tive for the years 1893, 1894, 1901 and
1902" Now when the past election can,
on. all the towns, including Phillips, wanted
to vote, and interpreted this as meaning
that they should vote. The secretary of
State ruled that Phillips alone could vote.
do not agree with the opinion of the
secretary Of State, ana think the courts of
our State and the best lawyers of our State,
and every inynlber Of this ilouse can see at
once that there Is something wrong.
What IS the something wrong: We
say that those words las, read, THE town
of Phillips is authorized to elect a repre-
sentative" is clearly unconstitutional,
and that the whole of that
resolve should read and be interpreted
as if it had never been there; and that
when the ballots were issued by the secre-
tary of State they should have been issued
to all the towns--let the representative be
selected from Phillips If they saw fit, but
let all the towns be called upon to vote.
We say that the resolve for the county of
of Franklin should have read exactly as
the resolve does for the county of York in
" NtttIN h.tltTt
Elliot are entitled to one, Kitierv TO be rep
resented for the years 1898, 1897 and 1901 {:
Elliot 10 be represented for the years 1895.
1899 and the towns to vote together
for each representative. If the resolve
for the county of Franklin had read as this
one does, there would have been no con
test and everybody would have been salts
fed.
They say that the town of Phillips had
right to do just what it did do, that the con-
stitution permits them to do that. There
again we differ. Phillips decided that it
wanted separate representation. They had
a right to do that. The constitution says that
the Legislature may do it--not that they
shall do it, but they may do it-but in do
ing it they must preserve the rights of the
other towns. In this case they granted
Phillips the right of separate representa-
ton, but the other towns were left entirely
unrcpresented, and our courts have said
that that could not be done. The same
question was propoun1ed TO our courts long
ago, and the. courts say, "And the under
signed would consider it erroneous to grant
such request-that is, for separate roprescn-
tation--unless the rights of the other towns,
liable TO be classcd with it were preserved. -
The Legislature granted the request of
Phillips for separate representation, but
they did not preserve the rights of the 9TH
er towns. Again the courts say, Upon
granting the request of one of two towns
liable to be classed, for Il separate represck
tation. care should he taken that the othei
should he united to some other town or
plantation, liable TO be classed If that
could not be done the prayer of the town ap-
plying for separate representation should
not be granted, But the town so
applying should be suffered to re-
main united with the town which had not
applied
Now it seems to me that this is our view
of this question in nutshell. 1t strikes me
that if YOU allow this thing to 20 on, it will
be precedent that may, by and by, come
back upon you. II is not Il matter where
politics should come in. | appeal TO the
majority party in this House. The only
question involved is whether that which
was done by the Legislature of 1891, could
be done, or not, whether what they have
done is constitutional or not We say it was
not, we give to you the opinion of our jus
tees, and You have something think, even
better than all that, you have the common
sense views of the matter, and we simply
ask that justice shout | be done
Mr.. burlington of Minot said The conn
sci for the contestant in this case truly said
that a great political party with majority
of over two-thirds cannot even plead the
temptation Of necessity in undertaking to
override the plain principles of the consti-
tuition, and agree with him and with the
gentleman from Lewiston mir. Belleau)
that politics should not enter into this ques-
ton.
There is no dispute in regard to the facts
nor in regard to the construction which
should be put upon this clause of the re-
solve of the Legislature of 1891. 1t APP
peared in evidence before the committee
that in the town of Phillips, during
the year of 1890, there was more
or less discussion as to whether the
town of Phillips should apply for separate
representation. Men of both political
parties signed the petition asking the select
men to insert in the warrant of the annual
meeting an article to see if the town would
vote TO apply. 1t appeared that the doings
of the town of Phillips were published in
the local newspaper circulating through the
adjoining towns, in pursuance of that vote
Mr.. Timberlake appeared before the com
Phillips be allowed separate representation.
No one appeared to oppose it and the com
mittee did so vote, acting, as believe. with
this provision of the constitution before
their eyes. The matter rested there until
the summer of 1891. Along in July some
one discovered that these towns as they
claimed, were being deprived of their con
s,itutional rights. and at Democratic eau
VI n.
Democratic nomination. The secretary of
State. going strictly he the law and by the
opinion of the attorney general declined to
receive the nomination. aud so notified the
contestant that he could not rec, i've II as il
did not comply with the law. During the
correspondence between the secretary of
State and the parties in Phillips the secre-
4tary wrote a letter which appears in the
Phillips phonograph. 1t seems to me tina,
If such a letter had been sen, to me or to
any one who happened to he counsel for
the contestant tina, they would have said
it was a challenge to take
their case to the supreme court
where it properly ought to have gone. 3
they wanted Judicial ami final decisie8s.
Then was the proper time to have done Z.
Mr.. Beal couh have taken this case in the
f0ru of a mandamus to the supreme court,
and asked them to compel the secretary Of
State 10 insert his name IN the official hal
lot. He would have settled the whole mat
ter if he had done this. He declined to do
that, and he lid just what any good lawyer
would do if he thought h, had weak aud
poor case--he would not take it to the
supreme court, but he decided to make his
contest before the committee Of the
Legislature and trust TO his good
luck To confuse and mislea1 them.