Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-02-06

In the case now before you we DO not
say that you should deprive legal voters
of their votes. but we do say that the re-
turns-the prima facie evidence that at
taches to the returns-has been overcome
| and that the returns from that ward
should be eliminated; and those honest
voters VINO voted in that ward should
: prove by testimony that they SO voted,
J and then their votes should be counted.
But, aside from the law touching this
case, | believe that this Legislature, upon
| even higher groundS-upon the question
of good morals and good government
will see to it that their action, today is
not precedent that will permit base and
lawless persons to peryert the will of a
majority of the people. If you contend, as
the majority of this committee has cor
tended, that you are only to eliminate
the fraud-the general fraud to the extent
which you find it-then you simply invite
! the commission of a fraud. You say to
the people of Lewiston and the people of
the entire State: You may commit what
| what fraud-all the fraud you can-yotl
may stuff your ballot boxes and inutilate
your checklists-you may vote non-resi-
dents and others who have no right to
vote. and so far as we cannot detect the
| actual extent of that fraud you shall
| profit by such unlawful acts. You have
| everything to gain and nothing to lose
! Now. whether the ward officers of Ward
| G were in any conspiracy to pollute the
| ballot box: John Finn, Democratic ex-
alderman of Lewiston, says that a Dem
| ocratic police officer came to him and said
that Lambert was putting in a whole
| bunch of ballots into the box He went
right to the Democratic warden and ask
] ca MIN if it We're true--if Lambert had
| put in bunch of ballots. The reply was:
| Keep still about it, He will fix it all
right He then went to Mr.. Lambert
| himself and asked him about it, and Lam
! bert said Keep still about it. / can
check off enough of Canadian names to
offset it." Now, Lambert denies that and
| We'll he might. He is in such position
that he must deny it; but there, are cir
| cumstances which surround the, transac-
| ton that corroborate the testimony of
Mr.. Finn. The fact is that names were
| checked off to cover up the frauds COM
mitted by the Democratic officials in that
ward that day
This is not question of men. nor OF
policy, but of principle. 1t is not right
TO say, because we have such great ma
Jority in this House, that we will be
generous with the minority. We shall be
most generous when we are Just: and
whoever would settle this contest upon
sucn basis as that would also say that
whenever the Democratic party is nearly
equal to us in strength III this House
we have perfect right by policy 10 I'm
seat some in order that we may have a
good working majority
L ask you, gentlemen, simply to do ils-
uce-set such precedent that in years to
come your acts may be an honor to your
self and protection to the ballot box.
Mr.. ABBOTT of Shapleigh: Mr.. Speak
Erin deci1ing this case which is now,
before US We should not be innuenced by
neither should We be influenced solely bv
a question of what we think right
what then shonld guide US in the
determining this case?
l answer; the law as applied to the
facts of the case. We have no right to
take the bit in our teetn and bolt and de-
eide this use awarding to sentiment or
awarding to our ideas of what is right
without regard to the law.
We should be fair to the Democratic
Politics mn in
TO the consideration of this case. on the
other hand; we should not shrink from
e slir dutv 'hNHngh tear of being called UNI
fair partiSans.
In LOOKING, over the majority report we.
md fn some parties we wish to criticise.
Right here ] want to say that do not Tor
moment question the honesty Of the
members OF the committee making the
ma;Joriity report mort, They are honest but
aW IN the cases cited. In my business
as lecturer if l should make such prop
ositlons OF law as We're made by the COM
mlttee IN this report and cite the cases
cited by the committee as authorities TO
establish the truth OF those propositions.
there would be a perfect storm of pro-
test at the next lecture. In other words
body Of undergraduate students in n
Jaw Jaw school would, on, reading the CASES.
propositions. We shall expect and find
even more intelligence in this delfberative
tSsy which IS now trying to determine
TINS case, In the case of Prince VS.. Skillin,
Il Me. 3I3, the court said The extra vote
should never be rejected, when it is pos
slbie to ascertain the fraudulent vote
-,fNow there is no allegation whatever
that Illegal or fraudulent votes were
casD. We agree that such is the
that such is the law. How then
MIN this statement of the law do thew
each the conclusions found in their re-
,ort? They agree there We're at least 2e
legal votes and probably at least 9
others on the one hand and on another
nat were fraudulent, and yet they ask
lJ,ar E
votes We're frandnlently cast. We agree
with them that when it is possible to
should not he rejected. But have they
SHOWN the exact extent of the fraud
committed? The evidence shows that at
anst SO many votes We're fraudulent.
What evidence have we, exceDt perhans
the Unsupported testimony of the very
other votes were not fraud,,lenta
Prince vs. Skilln is not in point at all
IN this use In that, case the question
ballots marked scattering should be re-
turned. No fraud whatever entered into
me n :, case, The fact then that in the case
IS OF no value in determining this case be-
cause no fraud was proven and the
, votes winch 1t was claimed should have
peen counted We're two and two only and
could not possibly have changed the re-
suit. In other words there was no fraud
,!ae,lt, Young, put merely question of
IN the committee report, page g. about
naif way down the page, we find the
following: No one will, for a moment
intend that. if fraud is proved, which
by no possibility could extend beyond five
votes, in a case where majority for The
successful candidate was one hundred
that on that account the whole poIl
should be excluded" f
The words. by no possibility could
extend beyond five. votes We're we'll put
and this body of intelligent men cannot
fail to see at once that they play right
INTO the hands of the minority report
Continued on page 81