Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-01-17

tho present contest. He declared that
neither politics nor persons should
figure in the decision of this case. 1t
Is simply matter of getting at the
truth. The functions of the commit
tee, he said. are higher than court
or returning board. Whether we so
| by the strict law or use the principles
OF equity. Mr.. Davis has a majority
OF the votes cast. Then Mr.. Heath
TOOK up in turn the disputed ballots
winch had been examined by the COM
ihittee, and argued against the throw
lilS out some of those which Mr.. Eaton
! Challenged. He cited from the decisions
OF TIC courts in this and other states
10 show the wide latitude allowed the
voter in marking his ballot. The mani
! rest intention of the voter should count.
A ittle Hrcgu,arity in the making of
a Cross or Il mark which makes the
Eotcr intention more plain should not
dlscnfranChiSc Il voter. Common sense
should govern in counting, these ballots
as II does i'll The ordinary affairs; of life,
and in the work of courts and LegiSla-
lures. There must be strong pIesump-
ton before these irregular markings
shall be called corrupt or distinguish
ing marks which vitiate a ballot. on
the ground of fraud. With no other
Davis 4 candidate and no other Cyrus
Davis in Waterville. the eight votes
east for Cyrus Davis &. w. Davis or
{. Davis should be counted for the Of
fetal candidate. cyrus w. Davis. The
intention of these eight men who cut
the Republican ticket is plain. The
law commands that they be counted
as they We're intended. Even on the
official re@iste" of the House Mr.
Davis name is printed as c. w. Davis
Counting these eight votes. Mr.. Davis
has Sal votes and Mr.. Eaton $40. This
is the legal result or the result when
tried by the strict Interpretation of the
ballot law. The result on an equitable
basis, counting all votes as manifestly
intended by the voters gives Davis SSl
and Eaton 81. Mr.. Heath spoke for
nearly three hours and his summing up
of his case was mastery effort. clear
concise and eloquent. worthy his repu-
tation as Il profound lawyer and
brilliant speaker.
At $50 Mr.. Baker opcnd his argu-
nent for Mr. Eaton, and plunged at
once in vigorous fashion into the midst
Of it. He contended that under any
fair Interpretation of the law O. under
the most liberal application of the
equities, Mr.. Eaton has a safe ma
jority Of the votes. He starts with
lead of 16 votes, counting only those
conceded by both sides. ana though
this lead is cut down as the challenged
ballots are examined and the legality
of the marking and the intention of the
voter determined, yet no legal or just
method of rejection or retention OF
these ballots puts Mr.. Davis in the ma
jority. The committee must remember
its oath and base its decision upon the
constitution and the laws. II must not
be generous TO the minority AZ the ex-
pense OF doing an injustice to Mr.. Ea-
ton and thWarting the will OF the peo-
pie of WaterVillc who have elected him
to a seat in the House. At 6 o'clock
with Mr.. Baker having completed the
opening of his argument and about to
enter upon the discussion of the dis
puted ballots, the committee adjourned
until this afternoon when the argu-
menJ Will he concluded and the case
left with the committee. Had not the
hall of the House been in use for an
other purpose. last evening. the argu-
mcnt would have been finished then.
Though most OF the afternoons in
tcrest conferred in the arguments in the
hall Of the House, several committees
held hearings in their rooms. Half a
dozen matters, none OF great impor-
lance, We're heard by the judiciary
committee. The committee voted ought
to pass on the bill authorizing the city
of Lewiston to issue its bonds to the
amount OF $lS5,000 to pay bonds now
outstanding. Waldo Pettingill and
John II. Maxwell appeared before the
committee on the bill amending the
charter of the Livermorc Falls Light
and Power Company. and it was voted
ought to pass on this measure. The
same favorable action was taken on
the act empowering the Franklin Real
Estate Company to acquire the stock
Of other corporations. The matter of
q law to punish kidnapping was laid
over and Il subcommittee will probably
report 4 bill. The bill amending the
charter of the United Gas and Electric
Company was tabled for action later.
l.. &. Cornish Of Augusta. appeared in
behalf Of bill extending the charter
of the AgamentiCuS Water Company.
This was tabled for action later. as was
also the bill Incorporating the Scar
boro Water Company in whose behalf
Calvin Woodsde If Portland. appeared.
The committee on legal affairs listen
ed to Representative Fellows eXplana-
ton of the bill to revive the orSanZa-
ton of the trustees OF the Parsonage
Fund in Eucksport. ana voted ought to
pass on the measure.
The committee on banks and banking
held its first hearing. which was brief
one. on the bill Incorporating the State
Trust Company of Augusta. The
incorporat tors of the company are
NJ. V. +. Chase. w. G. Boothby. F. W.
Kinsman. l.. \. Bureigh and Nathan
Weston all of Augusta. Messrs. Chase
and Burleigh briefly explained the mat
ter to the committee. The bill was
! tabled for action at the meeting. next
week.
| The committee on railroads. tele
graph and expresses had an interest
ing hearing in the evening. 1t was to
have been held in the afternoon but
/ was postponed to evening. so large
was the attendance that an adjourn
ment was made from the office of the