The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1901-01-11
Windham Division Bill
Appears.
The History of the Dairy Com
mission Movement.
,srxcrAL TO THE rHEss.r

Augusta. January lO.--There was a
distinguished array OF eminent counsel
in the Representatives hall this after
noon when the House committee on cleo
lions began It's hearing in the only con-
test Of the session. IL Is needless TO say
that this is the oase in which Harvey
ID. Eaton. Republican of Waterville. asks
to be given the seat now held by MIR.
Cyrus W. Davis, Democrat. The Gov
ernor ami Council, acting upon the face
OF the returns, gave the certificate to Mr..
Davis. Then Mr.. Eaton served notice
OF contest in the House, which under
the constitutional provision giving IL the
right TO judge or the qualifications Of
its members, has power to go farther
than the Governor and Council and base
It's decision upon new count of ballots.
So In addition to the eminent counsel
came City Clark Brown of Waterville
with the seven big boxes, one from each
ward. containing the ballots cast at
the September elsotion. For Mr.. Eaton
appeared Hon. william Il. Haines OF Wat :
erviIle, Hon. Orvilie ID. Baker and Judge
warren VI A0A 4AAs A~oNAa
the counsel were Hon. Herbert NJ. Heath,
Hon. ). s. Brown, and Ii on. Charles +.
johnson.
The legal gentlemen brought with
them mountainous pile OF law books
op1asor > ucsK saw UOiiJestanIs anu
counsel entrenoh behind a rampars of
ballot boxes and legal tones. Rising
from his seat at the extremity Of the
barrioade and picking up several OF the
big books from the piIss of ammunition.
MIR. Haines began this battle and kept
up a bombardment Of quotations from
the statutes, extracts from the opinions
of the courts and cititatins or cases, for
nearly an hour, following this with a
rattling fire in conclusion. The case
turned upon certain ballots which were
In dispute and which were sufficiently
numerous to turn the SCALE MIR. Haines
in concluding his argument, urged that
ballots marked in violation of the law
should not be counted. He said that
the Australian system imposed certain
duties on the voters and it was time
that the people learned the plain pro-
visions of the law ana complied with
them. 'We are not here for a politi-
cal Scrap said Mr.. Haines. "This is
question of law and as such we pre-
sent it to the committee"
Mr., Haines created some amusement
by his description of a number of the
ballots In DISPUTE. On one, he said, the
voter had written $50 beside the
SQUARE. Whether that meant price paid,
Mr.. Haines said he could not say. lie
declared that he did not claim that
courts should be captious and over par
tioular In critioIsing the manner in which
a cross was made on a ballot, but he did
maintain that when the croas was not
made in the square and where the bal
lot contained marks other than the GROSS,
1t should not be counted.
At the conclusion OF MIR. Haines's
remarks, City Clerk Brown was called. |
AIr. Brown tenstitied that the big boxes
the ballots cast at the Septem-
Der election; that all the recounts had !
been made under his supervision, ana |
that the ballots were now In the same |
as they were when they were
Lirst put into the big boxes.
Then, at the suggestion OF counsel, 1t |
was arranged that the Ward box should
be opened and its contents divided into
Jour piles. One should contain all the
Eaton BALLOTS, which were not in dispute;
5he second all the straight Davis ballots,
and the third and fourth the ballots OBJ
ected to by each side in the controversy.
The big box was emptied, and the CON-
nittee gathering around long table,
'egan piiing up ballots. At the end of
OF an hour they finished
Rard l, and then began with Ward In
he same manner. The committee
worked until supper time, and then re-
urned and sat until after 0 o'clock.
,hen they had some figures as the result
II their labors.
In his opening, Mr.. Haines made this