Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-08-05
OF LAW MAY
CAUSE SERIOUS RESULTS.
Can Ballots Printed illegally Be Legally
Used?-Law Says: ''None But Ballots
Provided in Accordance with the
Provisions of This Chapter
Shall Be COunted'

The Journal has heard rumored that Governor Paisted
intends ask the opinion of the justices OF the Supreme Judi
ea Court the legality Of the State printing with the
NaterYie Sentine Publishing Co. OF which Hon Cyrus w
Davis Secretary of State is
The Governors authority for requesting such advisory
opinion is contained in Article VI Section OF the Gont
ton Of Maine which reads follows:
They shall be obliged give their opinion upon important
questions Of law and upon solemn occasions when required by
the Governor Council Senate House OF Representatives.
This eminenty proper for the Governor p
ii he unable without such assistance 10 reach
easo in he The statste which the Journal contends
prohibits the State from entering into this when Mr.
Davis Secretary OF State and OF the
poraon with which is proposed contract reads follows
Or S. Chap I'll Sec ~:
mo trustee, superintendent treasurer or
other person holding place of trust in any
state office public institution of the state,
shall be pecuniarily interested directly or in
directly in any contracts made in behalf OF the
state of the institution in which he holds
such place of trust, and any contract made in
violation hereof is void; Il =
We believe that if Governor Paed submits this question
the justices he will omit his statement thereof any
tera element which might have bearing upon the courts
opinion The question to be determined this IS Mr. DAVIS
"pecuniary interested directly indirectly, the contract!
To determine this question: the court must necessarily be IN
formed the precise OF Mr. Davis connection with
the Sentinel Publishing Co. and whether he receives or
is entitled compensation profit from that company IN any
capacity whether stakeholder otherwise
But the Governor nvokes the courts advisory opinion it
be hoped that he will not fail request its opinion IN this
connection on of the voters of
this State
Section ~ Chapter o of Revised Statutes amended by
Chapter y the Public Laws of 1911 far applicable
reads as follows:
IF marks for any office than there
are persons to elected to such office if for any 1t
is impossible the choice for office to be
filled his ballot shall be counted for such office No ballot
without the Endorsement shall except herein other
wise provided be allowed to be deposited the ballot box
and none bu ballots broaided accordance at he provisions
of tins chapter shall be connted
Along his other question: would proper for Coy
ernor Paisted the appropriate praseoogy
the following questions, at least of which merely suggest
the substance:
Ii ballots printed under contract which the Legs
lature declared void grounds OF public policy can any
State official accept and such ballots Would not such an
acceptance and use constitute violation of the statute and
therefore be illegal
Secretary Of State purportng to act for the State
nevertheless accepts and such ballots in violation of law
can the State lawfully pay for them2
g. If the State cannot lawfully pay for them, the APP
printing enoined by the upon the application OF
tax payer?
A. Can printed under void for which the
State cannot lawfully be held to be printed and distributed
public expense provided by Section of Chapter OF the
Revised Statutes?
5 If printed under void contract and not the public