The Portland daily press., 1901-01-26
WATERVILLE CONTEST.
House Committee Re-
ports No Election.
MeSSrs. Eaton and Davis Each Re-
ceiVed S7l Totes.
Mr.. Davis Seat Declared
Vacant.
The Proposed Windham Division
Act Killed.
OFFICIAL TO THE PHrss1

tsPECLAE TO THE PREssL
Augusta, January s5.-The sensation of
the day IN the Legislature came when the
committee ON elections made their report
in the Waterville contested election case.
since the nrotraoted hearing on the mat
ter, there has been much speculation as
to the probable action of the committee.
Last night 1t was reported that there
would be Two reports aud the guessers
were busy telling each other how tbs
mem bers OF the committee would prob
ably line up. This morning when the
report was read 1t was heard with u good
deal of surprise, for the committee re-
ported unanimously but the report was in
favor Of neither MIR. Davis, who holds the
seat under the certificate of election Is
sued by the Governor and Council, or for
Mr.. Eaton, the contestant. Instead the
committee found that 81 votes had been
thrown for each gentleman and that CON-
ssquently there was no election. With
tue report came a resovle dsclaring the
seat to be vacant. Ii the House should
agree with the view taken by the COM
mittee ard declare the seat vacant under
the law this voters OF Waterville might
hold an election to fill the vacancy. but 1t
is doubtful If the member then chosen
would get here In time to take part in
much OF the business Of the session.
For the benefit of those who have not
followed the case, 1t may be stated that
MIR, Davis was the Democratic candidate
ana Mir. Eaton the Republican candidate
in the Waterville election. On the face
of the returns as made up by the ward
officers, Mr.. Davis was elected and he
was seated>by the Governor and Council,
although MIR. Eaton began the contest in
u hearing before the council. Then when
the House assent led the first OF January
1t received notice OF a contest and acting
under the COL stitutionaI provision that
each branch Of the legislature shall judge
OF the qualifications OF It's members, the
House referred the matter to the commit.
tee on elections. At the hearing before
this committee the ballots were produced
and counted. After the regular ballots
those about which there was no dispute
had been canvassed there remained lot
OF disputed votes. some or which were
claimed by each side and each side main
tained that many OF the ballots claimed
by the other should not bs counted. II
the committee took the view OF these
votes held by the counsel for MIR. Davis.
that gentleman was elected. If they ac-
cepted the argument of MIR. Eaton's coun.
sell, he was the lucky man. Then the
committee went to work for itself and
made a count which resulted in a tie.
After the reading OF the reports, Hon,
Herbert NJ. Heath, counsel for MIR. Davis
said that while he thought the committee
might properly seat Mr.. Davis giving him
q plurality OF one, he had foreseen the
possibility OF the committee deciding that
the vote was tie and had SO informed
MIR. Davis. The matter Is now before the
House. MIR. Eaton Gays he shall fight 1t
out and MIR Davis has never been accused
OF being q gutter SO the last has not yet
been heard OF the famous case.
A member of the elections committee
thus explained the decision to the corre-
spondsnt OF the PRESS. He said that
the committee found that without strain
ing their conscienoes they could give the
election to Mr.. Davis by one vote or to
MIR. Eaton by a single vote or they could
find that neither was elected. This was
due co the nature of the case which per-
mitted several views to be entertained re-
garding the disputed ballots. there being
reasonable argument in support OF each
poet OF the case. So the committee de-
cided that the middle course was the one
by which justice would be done. This
member OF the committee was OF the
opinion that the House would promptly
adopt she report OF the committee. he
said that it Ia a very unusual II not an
-unheard OF thing for the legislature TO re-
ject an unanimous report. sAs to the
difficulty of holding special elect ion in
time to give the waterville member a
chance to see some service "a q statesman
before the final adjournment OF the law
makers, the gentleman said that he
thought the passage Of a special act would
remedy that Under the registration law
thirty days notice is now required but
in view of the exigenoies OF the case
special law might BIZ enacted cutting this
down to a~Week or some other short
period The matter has been tAblsd and
will come before the House on Wednes-
day.
The COMMITTEES on towns has reported
and the report has been accepted in both
branches that the petitioners for the d.
vision OF the town OF Windham have
leave to withdraw. The petition came
over by reference from the last legisla-
ture, because at the session on two years
ago the required notice was not served
upon the municipal officers OF the town
Of windham. This year again no notice
was served and there was some discussion
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