The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1899-01-13
.MANLEY AGAINST REPEAL.
Augusta Man Doesn't Want Ballot
Law Wiped Out.
STICKERS THAT DIDN'T STICK
AND TROUBLE THEY CAUSED.

The Eliot Election Case Heard Before
| Joint Com mmittoe Yesierday-The In
tention of the Voter . Turning
Point In the Issue--Argument of
Counsel.
rsPKcrAL ro THE rREssI
Augusta, January 12-The Eliot elec-
tion case has been heard at last and the
intricaoies OF the Australian ballot system
as It now exists on the Maine statute
book have been aired In testimony and
argument. The hearing was held In the
hall Of the House and the big room WAS
we'll filed with interested members when
the elections com mittce ranged themselves
around the long tables by the Speakers
dais and the fun begaE. There was some
preliminary sparring among the counsel,
Mr.. Heath representing Mr.. Staples, the
sitting member, expressing the view that
town officers whose dispositions were to be
introduced in behalf of Mr.. Keefe, the
contestant, sh ould have appeared in per-
son with their records Mr.. Keefe, the
con ntestant, sat In one Of the members
seats we'll to the front and was naturally
an Interested listener. Mr.. Staples sat In
the seat in the center Of the House where
he was dropped by the state rattle at the
opening of the session. Naturally that
seat has value in the eyes Of Mr.. Staples
and he was accordingly as interested q
spectator as the other party to the case.
Frank ID. Marshall, Esq., opened the
case for the contestant. Under tho laws
of the state 1t was Eliot's right to name
the candidate at tho last election for the
class towns of Kittery and Eliot. In the
caucus, MIR. Keefe was nominated, his
competitor being Mr.. Staples who then
had his name put on the ticket as an In
dependent candidate. The election In
Eliot resulted In the throwing of 1888 votes
for keefe and 7S votes for Staples. Tho
result of the vote In Kittery was not
made known until later In the evening.
Then 1t was announced as 100 for Keefs
and 2i6 for Staples. This gave q ma jority
of two for Staples but 1t was then town
talk In Kitrery that at least three loose
stickers had been counted for Staples An
election officer Made deposition to this
fset. Then an attempt was maas to ex-
anime the ballots as a part Of the town.
records of Kittery and the town clerk
seemed willing to permit this until after
the arrival on the scene of MIR. Horace
Mitchell of Kittery, n friend of Mr..
Staples Then permission was refused
aud recourse WAS had to the courts the
matt,r heing carried through the law
court and the necessary orders secured.
After this a careful examination OF the
ballots was made In both towns and later
dispositions as to the ballots were secured
from the town and election officers. In
abbreviated form Mr.. Keefe bases his con-
test on these grounds:
| That fourteen ballots bearing Staples
stickers were counted although the law
was not fulfilled because there were no
erasures on the ballot.
| That nine ballots bearing Staples
stickers were counted although the name
of the office for which he was candidate
had been erased from the ballot
| That rs ballots bearing .Staples' stiskers
were counted although the stickers were
pasted over instead Of under other names
on the ballot.
| That the election officers Of Eliot failed
| to count one Keefe vote.
That vote for Staples was counted
wh,n the ballot was marked by q square
instead OF cross.
That one Eesfe vote properly marked
was thrown out as defective.
Tha: the election officers Of kittery
counted for Staples three stickers which
gave no evidence that they had ever teen
attached to . ballot.
| In view of these things Mr.. Marshall
claimed that proper count would have
elected Mr.. keefe by vote Of 800 to 24l
for Mf. Staples. Mr.. Spinney. the Demo.
cratic candidate receiving sc votes.
| Mr.. Marshalls statement also included
the figures as returned by the town OFF,
GERS. The Official returns showed the fol-
lowing results In kittery:
Francis Keefe. ReI.. 100
1hos +. staples, Ind. Rep, 2i6
wilmont X. Spinney. Dem. 90
| In Eliot the returns showed:
Francis keefe, Rep, 182
Thos. b. Staples. Ind, Rep, IS
wilmont E. Spinney. DEM. 80
These figures give total OF 29a for
Keefe, 294 for Staples and s5 for Spinney,
on the face of the returns . majority of
two for Staples
MIR. Marshall said that the contestant
had not raised technical points, but based
his case on these plain violations Of the
law In the counting of the ballots.
Mr.. Francis keefe. the contestant. was
called as the tirs. witness by Mr.. Seiders.
An attempt to question Mr.. Ksefe as to
the doings of the caucus at which he and
Mr.. Staples were candidates for the nomi-
nation, drew an objection from Mr.
| Heath Still, he said, II 1t was desired to