Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-01-14
MICHAUD SEATED
Continued from Page One)

\SoutiI1NS0 ITOn PdSo On0J
ent holder of the seat in question. The
report was accepted without OPPOSE
ton and Mr.. Clement thereby con-
frmcd in his right to retain his seat.
Thus did the Democrats prepare to
have one hand wash the other.
The committee returned two re-
ports in the case Of Michaud against
Thibodeau. The majority report held
that Michaud was elected by the vote
of 356 to 1853; the minority held out
for an election for Thibodeau by the
vote Of 1853 to 352.
Debate Not III Natured
Mr.. Pierce Of Houlton, chairman Of
the committee on elections. opened the
case for the majority report and stated
that two phases of the contest were to
be considered; he would speak Of three
ballots disputed because Of the location
OF stickers pasted on them; Mr.. McCarty
of Lewiston would speak of one ballot
that was lost. He then explained, con-
corning the three ballots he waste dis
cuss, that they were regularly cross
marked Republican ballots upon which
Michaud stickers had been placed, the
stickers failing by a very narrow mar
gin to cover the name Of Levite Thibo-
deau. Mr.. Pierce argued (See steno-
graphic report in another column) that
though the supreme court of Maine in
the case Of Bartlett VS.. MacIntire had
ruled that such ballots should not be
counted, rulings had been made in other
States to the effect that such ballots
should be counted. He gave it as his
opinion and the option Of the commit
tee that the guiding principle in the
decision on the three ballots thus dis
puted should be the apparent intention of
the men who cast them. Mr.. Pierces
address, whether one agreed with the
substance of it or not, was a clean-cut
exposition of the arguments he had to
present and convinced one that he will
be strong factor in the work of the
18th Legislature. The spirit of his ad-
dress was not so much bellgerent as
persuasive, and other debaters likewise
showed a disposition to meet the question
in the attitude of judges rather than Of
fighters.
The Lost Ballot
Mr.. McCarty of Lewiston followed Mr.
Pierce and told the story Of the lost
ballot. Probably few of the listeners
were clear on this point and probably
few ever will be clear. Even those who
attended the hearings Of the committee
in the case admit their understanding
of the lost ballot contention is much
toerogged by contradictory statements
and incomprehensible testimony. Mr..
NJ a nod tn
about it and he endeavored to make
himself understood. AS matter of:
fact, every one did understand that a
ballot had been counted by some people
at Hamlin Plantation somewhere. some
time. which had not been returned to
the Secretary of State just as some peo-
pie expected-or at least they now so con-
tend. Grant Michaud's contention that
ballot was lost, and the question was.
will the returns sent to the Secretary Of
State or the records and testimony Of
residents of Hamlin Plantation be the
decisive instruments in the decision?
Mr.. McCarty stated that the ballot box
which was returned to the office of sec
rotary Of State was not returned with the
ballots within "a hours as the law re-
quires, was carried here and there in a
haphazard manner, was left unguarded
and unsealed, and finally sent on to Au.
gusta a day and half after the count
was made Therefore, he argued, the
ballots should not be used in evidence in
the case, but the original records and
such information as could be cleaned
from spectators should bear all the
weight in arriving at a decision.
One Explanation Of Lost Ballot
Mr.. Thombs Of Lincoln, arguing for Mr.
Thibodeau, gave the only explanation Of
the lost ballot which was clearly UNDER
stood, but this explanation was later at
tackled by Mr.. Pierce. Mr.. Thombs said
that the count for representative-elect
was first made, and that 48 for Michaud
and Al for Thimodeau was the result;
that later the count for the head Of the
ticket was made and one ballot was
thrown out as no cross was at the head
of the column and the ballot was defec.
tive. Thus would the report Of a tie,
Al to Al. the report Mr.. Thibodeau claims,
be justified and explained. 1t appears
centered in the election Of representative
for the class and the representative vote
was counted first On that account It
was shown and conceded by both sides
that defective ballot had been thrown
out when the count for governor was
made. In regard to the three Van Buren,
ballots disputed on account Of the loca-
ton Of the stickers. Mr.. Thombs argued
that the House was taking a very dras-
tic action should 1t make a decision con-
trary to that Of the supreme court of
Maine.
Mr.. Sanborn Of South Portland follow
ed Mr.. Thombs and held up the decision
of the supreme court Of Maine as the
nrQnar eyllida in Linz isio