Daily Kennebec journal., 1901-01-11


Send for our handsome book on The Hair.
who have been retained in the case.
cyrus w. Davis, Democrat, who has
been given the seat by the Governor
and Council. acting on the face OF the
returns, was represented by Herbert
N. Heath of Augusta, ard S S. Brown
and Charles +. Johnson of Watervllle
Harvey D. Eaton, Republican, who
contests the seat on the ground that
the votes were illegally counted for
Mr.. Davis was represented by Hon. O.
ID. Baker of Augusta. and Hon. ". T.
Haines and Judge Philbrook of Water
vile. The story of the contest has been
much rehearSed in this and all the
ether newspapers and is familiar to all
The hearing was opened by Mr.
Haines, who explained Mr. Eaton s
claims and quoted from the :aw and
the opinions of the supreme court in
defense Of his case. He argued at
length to the effect that the law is
mandatory. not merely directory, and
that in counting the ballots only those
requirements of the law should be
counted, all others swept aside as de-
fective. He held that the law forbids
the election officers from using their
discretion as 70 the intention of the
voter. Mr.. Haines spoke nearly an hour
and then the committee and the attor-
neyS proceeded to go over the ballots
which were present in seven boxes. one
for each ward, in charge of City Clerk
Brown of Waterville. 1t was slow
work, every ballot in turn being ex-
amined. The counting of four wards
occupied the rest of the afternoon. and
at o'clock adjournment was made for
supper.
At 1.30 the committee again met and
went to work upon the remaining
wards. Only few We're present out
side of those directly interested. a
pleasant feature was the cordial feel
ing manifestly existing between the
two principals. who are neighhors on
the same street. One by one every bal
lot cast in Waterville at the September
election was examined by the commit
tee and counsel, and every one in dis
pute on account of the marking was
Id I'LL dS.ue. Al JoD tile recount WAS cDll-
plete and the following results were
summed up: Conceded to Eaton, S6S;
conceded to Davis. S47; claimed by Ea-
ton but disputed by Davis. l.; claimed
by Davis but disputed by Eaton. SO; re-
jected by both sides as defective, II.
Then for an hour the committee and
counsel informally talked over the dis
puted ballots. when an adjournment
was made to 80 p. NJ. Wednesday.
when the arguments will be
made for the two sides by Messrs.
Baker and Heath. A day or two later
after considering the matter in execu-
tive session. the committee VIII make
it's report TO the House. There may be
a majority and a minority report. In
any case the matter will still be left
for the House to settle.
The illness of y. +. T. Chadbourne Of
Dixmont long the folder of the Senate.
has necessitatcd change among the
minor officials Of that body. Tho Senate,
Thursday, excused Mr.. Chadbourne from
further service. this session. w. A.
Fuller of Union. formerly assistant fold
er. is made folder, and Hall c. Dearborn
flee of the secretary of State during the
fall, is made assistant folder.
The committees on reform school. State
prison. insane hospital. education. agri-
culture, military affairs. and University
of Maine, are already planning on the
usual trips to the various State institu-
tions in which they are interested. Such
visits help them greatly to a clear under
standing of the matters before and are
not the least pleasant part OF a legisla-
tive winter.
The meeting of the Maine Federation
of Women's Clubs is always a pleasing
feature of the session The presence of
the ladies at the Capitol is enjoyed by
the lawmakers. and the club women
profit by seeing the legislative Srlst
ground out The use of the hall Of the
House has been voted them for the after
noon of Wednesday, Jan. 80. The pro-
gram of the day is published in another
column.
Once more the question of revising the
statutes has come up for consideration.
1t was in the shape of an order direct
ing the judiciary committee to inquire
into the expediency of revision and re-
port by resolve or otherwise. Haskell OF
Windham was the sponsor for the order
The statutes We're revised in 1888 by a
Continued on page -