Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-09-18
LIMESTONE'S mo" PLURALITY
OF 1863 NO LONGER IN DOUBT,
Correctly TabuIated 1t Would Give Plural
ity OF $50 Against epeal==Recount in
Calais Shows a Clear Gain OF
10 Dry Votes.
THIS LEGISLATURE OR NEXT?

1t now looks as if the last municipal
officers returns would reach the office
of the secretary of State at Augusta
before 4 2. NJ, Monday, the time set
for the meeting of the Governor and
Council for the canvassing of the re-
turns of the bye-election Of Sept. II.
When the office of the secretary of
State closed Saturday all of the NUM-
cipal officers returns were in except
those from Turner, Rockland and
Muscle Ridge. A letter containing the
Roekland municipal officers returns
WAS mailed, it is understood, during
the day Saturday and a special mes
senger was on his way from Roekland
10 the Muscle Ridge plantation 10
communicate with the municipal Off
GERS there
The session Of the Council for can
vassing the returns will be an open
one and il is probable that the can
vass will be witnessed by a number Of
interested parties The actual work of
tabulation will be placed in the hands
of a Council committee and this COM
mittee will be assisted by George W.
Leadbetter, messenger to the Cover
nor and Council
The matter of a special session of
the Legislature is dividing interest
with the canvassing of the returns and
discussion continues over the peculiar
wording Of the resolve submitting the
prohibitory amendment to the vote of
the people. one of the best known con.
Istitutional lawyers of the State de-
clares that it is 'al nonsense" 10 con-
tend that the Legislature" means
this Legislature On the other
hand il is argued that If the next
Legislature was meant 70 be desig-
mated as the body TO which the Gov
ernor and Council should report the
result of its canvass it would have
been so designated in the resolve. just
as it was in Chapter SO Of the Resolves
of 1888. which placed the amendment
In the constitution. That resolve con-
tains the following clause:
And the Governor and Council shall
open, examine and count the same
and make return thereof 10 the next
Legislature and if ii shall appear that
"A majority of the votes Is in favor of
said amendment, the Governor shall
by his proclamation declare such
amendment to he adopted and the CON
stitution shall be amended according
~, To take effect on the first Nednes-
day of January in the year Of our
Lord, 1855"
II viii be noticed that Chapter IS
OF the Public Laws Of 1871, which pro-
yided for the vote upon the prohibit
tory amendment on Sept II, says
nothing about a proclamation ny the
Governor. provided u majority II the
votes cast are in favor OF The pro-
posed amendment. abrogating and am
|nulling the prohibitory amendment.
but simply states that THE Governor
and Council shall count the same and
make return to the Legislature and If
a majority of the votes are in favor
of said amendment the constitution
shall be amended accordingly"
Some of those who favor an extra
session of the Legislature claim that
by the wording of the resolve resub-
hitting the prohibitory amendment
the Legislature is made returning
board. and in case the canvass by the
Governor and Council shows a ma
jority of votes in favor of the repeal
of the prohibitory amendment. the
constitution cannot be properly chang
ed until the return of the Governor
and Council is made TO the Leeisla
ture and passed upon by that board.
Those who are opposed To this argu-
ment quote Sections > and 8 of Chap
ter l OF the Revised Statutes as sup
porting the contention that If the
amendment 10 the State constitution
repeating the prohibitory amendment
is declared passed it takes effect au-
tomatically, upon the first Wednes-
day of Jan 1912, and that within 80
days after the amendment appears to
have been adopted the Governor shall
make proclamation thereof.
| Section 2 reads as follows: I'm
| less otherwise provided in the resolve
submitting it, every constitutional
amendment shall take effect and be-
come part of the constitution on the
| first Wednesday of January, following
its adoption by the people Section 3
says: within 80 days after it appears
| that a constitutional amendment has
been adopted the Governor shall make
proclamation thereof. and the scores
| tary of State shall forthwith cause
such proclamation to be published in
| Continued on Page Two.)