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

| for the opinions Of the supreme court
We place a great deal OF confidence IN
their Judgment Of facts, and In their IN
depreciation Of the law.
| AS understand it we are to decide
| this case according to the facts as pre-
sented to US, and in the light Of the law.
The facts are not in dispute. 1t is only
a matter Of law. Many of you-unfort-
unately I have not had that privilege
many of you have sat as jurors, and you
! have certainly heard from jurors the eX-
preston Of a wish, during the hearing
of a contested case. that they might
gather something of the Judgment OF
the opinion, of the judge presiding as to
what could be the proper disposition of
the case l have frequently heard the
sentiment expressed that the court was
in a better position to judge than the
Jury, and the feeling that some guidance
could be had from his opinion. If We
have that opinion, any of us. it seems
to me that we may be safely guided by
the position of the court. and 1 feel we
shall not go far away If We decide the
case in regard to those three ballots just
as the supreme court has done.
That is the only observation l have to
of consideration
Mr.. PIERCE of Houlton: Mr.. Speak
er: l wish to say just a few words to
further our contentious in this matter.
The distinguished gentlemen from
Lincoln (Mr. Thombs) is in error in
his statement that when they counted
up the ballots and compared them
with the check list they found So
and being in error the gentleman ar
gued as to how this thing happened.
and it is absolutely false.
The certified copies of the checked
list were presented before the COM
mittee, the sworn testimony was taken,
and counsel for Thibodeau will bear
me out. that there We're 96 names
checked on the list, and the testimony
of Remi P. Cyr, the gentlemen who
was an ardent supporter of Mr.. Thibo-
deau. whose deposition is on file AMI
sworn to in this case. is that this check
list is correct, and that 96 men voted
One ballot was thrown out and 95 were
counted.
The reason why We contend that the
argument on that is wrong. is this:
Mr. Cyr. the town clerk. Mr.. Parent,
the assessor and Mr.. Paradis, were
there in open town meeting. and they
counted those votes. They seemed ID
be perfectly competent to count those
votes, and those men agree, and agreed
then, and Remi p. Cyr agreed in his
deposition that at that time they
counted As ballots for Michaud and
A. for Thibodeau, and they made up
their return that way.
!. You take the returns for the other
officers voted for there and % wera
checked-96 were thrown, and one of
them defective: A. and As make So.
There were nineteen men who vota 1
on the Democratic ballot one II
scratched Gov. Haines to vote for Nj.
Gardiner; Republican scratched his
ticket. scratched Coy. Haines TO vote
for Mr.. Gardiner. Mr.. Gardiner had -
votes and Gov. Curtis had is votes
anS Gov. Haines had the balance. Take
the Register of Deeds who was on the
ticket in the northern registry dis
trict. and the Register of Deeds was
on the Republican and the Progress
sive ticket. and his vote added to 1g
a which the Democratic candidate ila i,
makes 50. Take Senator Hersey ana
Senator Burlelgh, their votes added to
the Democratic and Progressive fO.'
Senator makes 50. The return is con-
sistent with itself from top to bot
tom. And the statement of these
witnesses that 50 were returned: the
might have meant that it was 90 re-
turned and 80 counted. but that is not
the way they stated it, The checl,
lice
and 50 returned. 1t was upon that
basis that the return was maze up
1t is inconceivable that Mr.. Cyr, u
strong supporter of Mr.. Thibodeau. in
counting less than loo votes. ever
agreed 70 return that gave one
more vote to Mr.. Michaud than 10 Mir
Thibodeau, unless that was correct
according TO the ballots and he
knew it.
The gentleman from Lincoln (Mr
Ihombs) said that the burden is upon,
the prepayment to sustain the burden OF
| proof. In this case that is not the
fact. The first record. the prma facia
record, Is the return. If the return is
sect aside the. seated member must
! produce the evidence to show that the
return is correct. Mr.. McCarty spoke
| Of this.
The question before the committee
and the question before you. is this
| whether you will allow that return t.
| be set aside by ballots which in not
| one single respect were kept as pro-
| vided by statute, or in any way as
| the law provides, and you are famil-
lar with it. This law was passed by
the 1907 Legislature It went to the
| referendum. If there ever as a law
! that was entitled to the respect of tn"
| Legislature it is that law, because it
| was passed by the Legislature and
then went to the people of this State
| and that law provides, this is not q
| technicality. the law provides that the
| ballot shall be taken that night
| while everybody is there: after the re-
| suit is announced the ballots shall be
| tied up and sealed then and there anC
| forwarded by express within the next
"a hours to the Secretary of State So
| that no one has access to those ballots
These could have been sent by mail
but they were not sealed that night
| nor the next day. or the next day
| after that until sent to the postoffice
| and left there in the custody Of the
| postmistress, and until one of the as