Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1896-08-11
DEFINES POSITION.
Secretary Fessenden Thinks Supreme Court
Can't Do More Than Ne In Bangor Cases.


tonight. contained the following:
The Commercial has received the
following from Secretary of state FEES
sender. outlining clearly his position
in the Bangor caucus matter; the let
ter NAV be expected to create some
thing of a sensation among the party
men of both sides. 1t follows:
Office of the Secretary of State,
Augusta. Aug. 10. 1896.
To the Editor of the Commercial:
dislike to trespass on your kind
moss or to again ask the use of your
columns. but the imputation brought
against me is grave-it amounts to a
charge of maladministration of my
office made by my own party friends
Since the enactment of the Australian
ballot law. party caucuses and conven
tions have had legal status in Maine
What is legal conventions legal
caucus under the provisions of this
act?
Let the law, the act itself answer
ANY convention of delegates represent
ing political party, and any caucus
held by such a political party may
make one nomination, etc..-how? BY
filing a proper nomination certificate,
signed and sworn to, with the consent
in writing of the candidate in the office
of the secretary of State.
What is such a certificate? The evil
dence. and the only evidence receiv-
able to prove the facts.
How stands the Bangor case?
Three of the certificates are signed
by Daniel f. Davis, an Ex-Governor of
this State. as chairman. and are sworn
to: and he states on oath that they
came from a caucus of the Republican
party of the city of Bangor.
Three Of the certificates are signed
by James Adams. prominent citizen
of Bangor an eX-representative to the
Legislature, as chairman, and are
sworn to; and he states on oath that
they came from convention of the
Republican party of the city of Ban
gor.
Are these legal conventions-legal
caucuSes, under the law? How can it
be otherwise?
What becomes of the claim of the
four gentlemen who contend that be
cause they constitute majority OF the
regular Republican city committee Of
Bangor. no legal caucus of the Repuh-
lican party of Bangor can be held. ex-
cept by their action and under their
call.
What becomes of the claim of the
three other gentlemen of that commit
tee that their call only can order a
legal caucus, because of the party Gus
toms in Bangor,
What does either claim amount to
with a secretary of State. bound by the
law, and bound to ascertain the facts
from the certificates,
The concrete truth is that the SUI
preme court of the State. if it had eX-
press jurisdiction of the matter would
be bound by the law, as | am bound. -
would be bound by the aVerments il
the certificates as | am bound,-could
do only as | must do,-eXercise al
honest official discretion and print .
ballot with three names, not six. there
on, where it suits me, in the due course
of my business, tomorrow, if / see fit
next day if l choose.
1t sometimes seems to me, as if some
of my party friends in Bangor, in botf
factions. are particularly we'll versed
in precisely the law which does not
apply to this case.
| am not called upon to determine
between rival tickets in the Repubi
can party in the city of Bangor.
My duty is to select from six indi-
vidual &C rtificates, the names of three
individual candidates. and print my
ballots for Bangor. when l choose ant
tl,at iS for ma IN decide and no one
else can.
Last Thursday, the Democrats o.
Maine held a gubernatorial convention
in Waterville; they nominated Mr.
| Frank.
| There We're some Democrats in thai
| convention who did not want to en-.
dorse Mr.. Frank; they bolted. Sup
pose they had got together. decided t.
nominate Mr.. Clifford, had sent me {
| proper certificate duly signed anc
sworn to. as the Frank followers did
1t would have raised precisely the
same question as in the Bangor case
| suppose in the exercise of my otficia
discretion. | had seen fit to put Mr.
| Cliford's name on, and leave Mr.
Franks name off; what then?
The law is defective-but it is suffi
cient for me to do my duty by.
NICHOLAS FESSENDEN,
Secretary of State