Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1896-08-08
The SECRETARY'S REASONS
For His Attitude in Matter Of Bangor Cor.
testing Nominations.

Secretary of State Fessenden In a
letter to the Bangor Commercial thus
explains his attitude as an official
toward the contest in Bangor.
When the Australian ballot law was
enacted in this State. the customs, usages
and procedure Of political party commit
tees had been established in the minds and
practices of men for seventy yearS-were
familiar and well known to everybody.
Th Australian ballot law recognizes po-
lltical parties. party conventions, cau-
cuses and meetings, but does not recog-
nize party committees except in two in
stances and for two purposes. FIRST. UNI
der section eight. which provides when
and how a party committee may fill va
lcancy. Second. under section twenty-one.
being an amendment providing that the
committee may designate the ballot
clerks to the municipal officers for ap-
Section % provides a penalty--fine or
imprisonment for public officer who
wilfully neglects to perform his duty or
who Nilfully performs it in such Il way
as to hinder the objects of the law.
| have no desire to incur Il penalty for
either sort of "A default.
! understand that ought to decide Il
point-that it is my duty to decide Il
point, arising under the law, rs in the
case of the power of the Democratic
State committee to make Il committee
nomination, at the time and under the
circumstances under which such right
and power We're claimed: but to my UNI
dcrStanding 1t is a totally different thing
when | am invited to decide upon points
which arise outside of law-as to which
no law exists and to decide which re-
qurcs me to have resort 10 something
else than law.
TO mo 1t seems logical and correct
conclusion that If the legislature did not
IN the law, recognize party committees,
for the calling. holding and managing
conventions and caucuscs. and failed to
confer upon me any power to pass upon
committee action in such management
mat may be putting myself into a will
iul position If | assume TO decide which
OF Two caucuSeS or conventions or meet
lnSS really represent a political organize
uoh, II to do so | am obliged to go not
only back of the certificates cmanating
from such caucuSes. but also beyond and
outside the law to certain usages and
customs which the legislature with full
knowledge of their time honorcd force
as customs. refused to put into the law
or neglected to put into the law for rc;t-
sons which seemed sufficient to- them
selves
| do not understand from the law. that
IL makes one atom OF difference whether
a caucus is called by majority of a
committee, minority of Il committee
The whole committee. one member of Il
committee. or even if Il caucus is held by
common consent.
In any of these ways. if Il certificate
proper in form. reaches me. it is good
and as to what lies back of the certificate
| all, "a l,,,
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