Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-01-14


that possibly we might wish for
differen, mode of attaining our knowl-
edge of the issues in contested cases.
1t seems tc me that it might be well.
or would have been we'll if We could
have resolved ourselves into a COM
mittee of the whole here this afternoon
and had all the evidence presented to
US sitting as a jury, brought forward
by the one side and the other. What
we get from the speakers in the
House this afternoon is more or less,
Of course. from their side or their
viewpoint as they see the matter in
controversy. I do not wish to say that
the gentlemen are mis-stating II in
any particular: l think they are 800
fair to do that, and I do not believe
they would do it, but of course l can
not expect them. or Mr.. Thihodeau
does not expect them perhaps to pre-
sent his side OF the case. l regret that
you have rot had better opportu-
nifty. possibly a longer opportunity to
consider this matter after the issues
that have been brought out in the
| hearing had been clearly presented to
your minds. I know you feel the re-
sponsibility, and l know that You do
not want to decide hastily; l know
that you want ample time. and that
you want to know the contentious
upon the one hand and upon the other
bearing upon this case in all its
phases.
Now, gentlemen. am very sorry,
and I want to apologize for rising and
speaking as I do in behalf of Mr..
Thibodeau, that l am not better pre-
pared to present his side of the case.
/ I attended the hearing. l knew moth
ing about the case before l came here
to Augusta. l attended the hearing
last night and this morning but of
/ course l Lave not had access to the
papers which the committee have had
placed before them l have endeavored
in this short time which l have had
! to devote to this matter to familiarize
! myself somewhat with the facts of
. the case. l think the gentleman from
! Houlton (Mr. PIERCE has stated to
you very plainly the two issues. AS l
understand the matter now, in order
to seat Mr.. Michaud they are claiming
/ that you should give him four votes
The gentleman from Houlton (Mr.
PIERCE has asked you to give him
I three votes that were cast in the town
/ of Van Buren, for the reasons which
he has stated; and / say that he has
/ stated to you the conditions existing
| in regard to the ballots and the .yotes
! themselves very fairly; l am not able
. to verify the measurements that he
has given you as to the exact position
, Of the sticker, but think he will agree
with me in this statement. that it is
: very plain from an inspection Of the
| ballot, and not disputed at all, that
| there are two names appearing for
| the Office OF representative to this
Legislature: there is the name which
was printed on the ballot, and under
meath that there is a sticker bearing
the name Of Fortunat o. Michaud. He
/ argues to you that you should take the
voters intention. I believe you want
. to get at the voters intention, his
/ honest intention, but l also believe
/ that in doing that you are willing to
confine yourselves and ought to con-
/ fine yourselves within a reasonable
| limit
! The supreme court of the State OF
| Maine has had similar case to de-
! eide recently. and they have decided
! that under similar circumstances the
/ ballots should not be counted for
either one; and as l understand their
position, it is this-I do not argue that
| perhaps it is not plain to discern the
! intent of the voter, but 1 do say to
you when you are giving expression
I to the intent of the voter in any par
! ticular case YOU are opening up dan
gerous proposition, and by that
| mean dangerous in this wav, if you
| are going to allow a vote to be count :
| ed in this case under the circumstances
! in which the sticker is found on this
ballot you are establishing something
/ like q precedent which NAV or may
| nto have some effect in succeeding
! contested election cases Now then,
! if you are going to accept these bal
! lots in the face Of the decision of the
| supreme court of the State of Maine,
! against whom. of course there is no
| suspicion of bias and for whom we
! all have the greatest respecr-what
is to hinder any succeeding election
| case from departing a little further
and further each time, until finally
! perhaps you find a ballot with a stick
! or bearing the name of some officer
| that is entirely outside of the square
within which you would naturally
find ito This tribunal will not be de-
prived Of considering that a vote If 1t
| chooses: and l say to you. gentlemen,
that it seems to me that YOU are en-
tering upon a dangerous proposition
when You undertake to enlarge upon
the rule that has been so clearly laid
down to you by our own court.
for mistake, / just want to read to you
from the syllabus in this case: "a bal
lot must be rejected where in attempt
ing to vote a split ticket the voter did
not follow either Of the statutory meth
DDS and failed to erase" and it is
not claimed there was any erasure in this
case of course 'or cover the name
of one candidate, therefore leaving the
names of two candidates for one office"
That, gentlemen, is exactly the case
that you have got on those votes that
were cast in Van Buren,, and there is no
question about it. What are you going
to do? You will have to decide it one
way or the other. Will you reject the
opinion of the Supreme Court of the
State of Maine and set up your own
opinion, or do you think that it is en-
reject those ballots? That is the ques-
ton for you to decide
Tn Hap,lin Plantation there arosa