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

( In the case in the state Of New York
court of appeals, the highest court in
that state. I find this:
The intention Of the voter is to be
inferred, not from evidence given by him
of the mental purpose with which he de-
sposited his ballot, or his notions of the
ted, but by a reasonable construction OF
his acts. His writing name upon
ballot in connection with the title of an
tofice Is such designation Of the name
for that once as to satisfy the statute.
talthough he omits to strike out a name
kprinted upon 1t in connection with the
same Office The writing is to prevail as
the highest evidence of his intention"
1t will doubtless by argued here and
may present itself to your minds that
this is all right and that the law in other
Estates may be thus and so, but that here
lin the State Of Maine. in this Legislature.
we should follow the decisions of the
MAINE courts. Gentlemen. the representa-
tive in this State that seeks to dodge his
responsibility beyond that is not living
up to his oath. The constitution of this
State provides that this House is the
final Judge of the qualifications and cleo
ton Of its own members. We are CO.
ordinate branch of the government. as
the gentleman from South Portland (Mr.
iSanborn) argued yesterday morning; we
tare a coordinate branch Of the Maine
State government; these are powers we
are justified in using; we are just as
high as the supreme court we have the
.powers to decide this question fair and
tr; Nd fnr
! this office, and it must follow as the
might the day that, having the power to
so decide. we have the right and the duty
to look at this case absolutely upon its
merits. unfettered by technical rules OF
law which this court or that court or
the other court has promulgated,
The question comes up here before this
House without a single precedent in this
House as far as l am aware, to be set
tiled and settled right. What do our cleo
ftion statutes contemplate. gentlemen? DO
they contemplate that it is the brightest
voter or the best educated voter or the
imam who can most closely follow a lot
of complications? Do they contemplate
II is that voter that shall settle the al
fairs of this State. or rather do they
contemplate that every man who votes
honestly, as provided by the statute,
without exposing his ballot, shows as an
Intelligent. reasoning man the intention
fhe had when he cast that ballot? Our
tetatute contemplatee that this vote should
sbe counted according to the intention OF
1.-THE voters. This, gentlemen. is a popu-
Mar government a government by men,
sbers of the electorate. not a government
iby a court; 1t is supposed to be gov
ternment according to the will of the peo-
&ple The will of the people is plain in
tthis case; and the majority of the people
aof Van Buren, wanted Fortunat o. Mi
chaud to be their representative in this
! Legislature; and l cannot believe that
'this House will go on record and say
that because a man made mistake OF
} a fraction of an inch that the will Of
those voters up there in northern Aroos-
took shall not prevail. l hope and trust
that the members Of this House will vote
yes on the passage Of this motion. Cap
plause)
Mr.. MCCARTHY of Lewiston: Mr..
Speaker: AS has been suggested by
my colleague, Mr.. Pierce, my author
~ in discussing this case will be con-
fined largely TO the discussion of a
question of fact.
The report that has been submit I'd
here by the minority members of the
committee is based upon the finding
of a certain number of ballots in the
ballot box, on the return to the Sec
rotary of State. And an investiga.
ton of those ballots showed that Al
of them cast in Hamlin Plantation
were for Levite V. Thibodeau, and If
likewise were cast for the contestant
IN this case, Fottunat 0. Michaud.
1t is the contention of the confess
ant that ne should receive As votes.
gather than ~, and he bases that con-
.tention primarily upon the returns OF
the town clerk of the plantation, and
upon the evidence of witnesses who
were present, who took part in the
count, and others who listened and fol-
lowed the count as it progressed.
1t Is the contention of the contest
ant that that report of the town clerk
is correct. and that if there are but
IA ballots in his favor to be found
lin the box today. then that that bal
lot was lost or disappeared in some
manner unknown to him.
So far as the evidence disclosed be-
fore the committeeman it is not my
inteition to go into it fully, but to
treat it generally-two bundles Of
ballots were forwarded by the Secre-
'tary Of State to this plantation, each
containing or presuming to contain 81:
ballots. OF that number, 100. there
appeared at prior inspection Of those
ballots. and appeared today. lis bal
lots.
Now then, the question resolves it
self into this whether or not the ap-
lpearance Of that ballot box is to de-
eide the vote of Hamilton plantation,
ior whether the official returns made
by the town clerk. the official charged
with that duty. are to be sustained by
this legislature.
1t appeared in evidence that each
of the assessors. and there were three
of them, took part in this count. Eacn
one Of them told the committee that
that count resulted in this. IS votes
for Michaud. ~ for Thibodeau The
result Of that vote. announced as il
was in open meeting. was authorized
to by the town clerk. The assessors
were not alone in stating the result
OF that count. Seven witnesses, some