Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1893-01-23
OUTLINES or ARGUMENTS
Ably and Eloauen,Iy Made in the Phillips Con
tested Election Case.


Inv Nfg"'"e"'S "otofc t'e "4'siA'Ne
committee Friday evening, on the contest
fnr the seat Of Nathan /. Iiinklev of Phil
Ii,,. ,,,, ans. as s,o.;.l interest Gov mann,
reasons Inc pom" 'nF"i''a are "eigh'y
onCs and the gentlemen makirg thr argu.
merits from their emineuce in this legal
,.f,..,o, ..,,,o,,,,l .t,,. ,.,.,. ,,i,i ,uarho.l
P''''
interest Tor hemneF7 OF tNa' pF"t'sS'"h'
rs II nov seems probable that there will
b. majority and minority report. from the
a., ,t... -, all, H., .-,.,,,l b.,
tofe the Lesi7iatufe' an oat'ln' OF tHe'e
arguments may be found OF general interest.
Mr. f.ittlatieI onenrd the argument In
referring tn the rpsnlyo Of the last l.egislt-
tur, nv Inch phjIHps was giten separate
repra..nIatiou he s,d That this resolve
shnulI be- construed 10 read like that resolve
relating tn the ntiportioumrut of Cumber.
t,nA county wh.r,. the towns of Harp>Wcu
and Srarharo were casset together.
on. town having representative one wear
ard rho other tnwn arother term. The
counsel for the cont. .t,uts had admitted
that this resolve granting Phillips rcprcseu-
tait,n but sileut AZ To the other towns.
Sirorg, Weld. Avon. etc was entitled To
the same construction ~ the one rclttint
te Scarboro and II,rpswcl which together
in effect max, az a representation for ore
,lcraIc-
lie took the .rouni hat tb, question be-
,ns cousli tered b, he court in tiip oriaipu
from the 18th Maine WAX not the .i'it -tiln
pending before the committee That
court hal rat been asked by tn,
Legislature =, heilrr tae Legislature hai The
powrr to grant ihe prayer of town for
separate repre- spnta;,on aud authorize Il
~ ct Ct q representative alone for such
torn, as woald hc einal To- a fair proportion
of representation Anr.ag each and every
wear at a det,a,c. w..hout IT, consent anil
tho rrforc the answer ~ rhe court to such a
question was not In point ~ determining
the issue before the Legislature.
whether the legislature could
properly grant the application of unr town
fer separate ret,rescnta;ion mahc strictly
in accordance with thc provisions of the
constitution IA was admitted to lie the case
with. the town of Phillips. That was one
question and whether Legislature could
deprive town of is right of representation
for each and every wear was another.
He eontcnded further that the 0rinion Of
the court practically admitted the right of
the Legislature to grant ihe prayer of tty
town making the proper application ~ they
expressly declared that such prayer could
he granted IL ,he right Of the other towns
were preserved. thus admitting that the
right 10 grant the PRAYER of one town was
not contingent upon tho consent of any
other town when its rights were pre-
served He also conteu,lCi that when the
resolve luring the decade gave 10 the tow ms
of Avon, Weld, etc, this proportional right
OF representation by authorizing them TO
send representatives for the years not
allotted to the town of Phillips, that their
right under the constitution had been pre-
served and that this result Is IN accordance
with the resolve admitted by the counsel for
the contestants. He further ecntended that
the action of the town of Phillips was In
strict accordance with the constitution and
that Il. cnns;iiutionalitv was not affected If
it was assumed or admitted that the Legs
lafurs had foile,i 10 provide for the other
towns lie ceutSnicd Thar the opinion ef
,h,, ,nurt was not f,iriv susceptible 10 thu
run>truction attempted To be placed upon u
hv the counsel for tile contestant
THAT If such construction were 20 b.
,re.li, atti npoa tiir opinion. that the
opinion gave su erroneous construction I"
th, rFayi.ians of tlf' constitution InveiTed-
The court in spstihc terms authorizes tic
Legislature Ia grant separate representa-
ion el,,ln proper application. Such repre-
sentatias, cannot bs giyyu without at the
same time taking an equivalent OF repre-
z,mtaticn from some other towns. The re-
solve ia terms Only sHthoriSed fbliHs -
sef,l representatives for only two tertn7 81
a decade bur the counsel fer the con
s,stants hsl admitted that the resolve
shaull l1s construed as though It Fea'i
like the resolve rel siia: 10 ccarboro ana
l,rpsweu in Cumberland coaa'y, whlrn
did not in terms class them together a. sent
ing one representative Int authorizes one OF
the towns 30 seul for i portion Of the ne
ca,ie ansl the other for tee remainder. ne
then eaare to the constitutional proposition
that the ssrie rals of construction. whtef
the contestants counsel had admitted vas ;,
proper one 10 apply to the resolve shoati
govern in the construction OF the cons'ae-