Daily Kennebec journal., 1917-12-28

further than that in the ia Maine
Is the following: Question 10 ta).
can the names on a petition be count
ed where the name of the verifying
petitioner does not appear on any peti-
ton. Answer. we answer in the
negative" Quoting further from the
opinion Of the justices, Governor Milli-
Ken says, Each. petitioner must at
tach his original signature or mark TO
the petition. He cannot authorize or
delegate another to do it,
Under this ruling Governor Millikcn
rules out petition of IS names that
was verified. by Richard McGee. but
was not signed by him as a petitioner.
Two other petitions bearing a total
or two hundred names are disallowed
because the verifying petitioners all
though their names appear on the petit
tion,. testified at the hearing that they
signed neither the petition nor the
verlfcation.
I'm the opinion of the justices OF 1917
appears the following:
Question l3.
In the case a petition in usual form
contained signatures upon lines in two
columns numbered from l to 100 ex-
cept on line 70 and 81, which are left
olank, and the name of the verifying
petitioner is added at the foot of the
first column, without numerical desig-
nation, after the signature on the
printed line number so, and the clerk
IN his certificate states that all of the
foregoing petitioners numbered from l
70 l9o, excepting none, appear on the
voting list, is the name of the verify
ing petitioner within the certificate of
the clerk and should the names on
such petitions be counted?
Answer We answer in the mega :
tive. No clerical error seems to exist
here. There are names opposite all
the numbers from to 100 inclusive,
with two exceptions where there are
blanks, and all these names are px-
presslv verified. The names of the
verifying petitioner is below the line
which separates the two columns of
verified names from the appended
certlhcate. is separate and apart from
the others and is not marked by any
number whatever. 1t is virtually ey-
Guided by the veritication. Expressio
nnius, eXclusi alterius. 1t is not within
the certificate, and the names on this
class of petitions should not be count
ed"
This question dealt practically with
a petition fled from Lewiston and be-
cause of the answer of the justices.
Governor Milliken disallows the 81
names upon the petition.
Two petitions bearing 112 names are
also disallowed under the following
from the ia Maine:
Question l.
Should the names be counted if at
tached TO the petitions where the town
clerk has certified that the names of
the petitioners appear on the voting
list Of his city. town or plantation. as
qualified to vote for Governor, but the
signatures to which petitions are not
Nerlfled as to authenticity by the oath
of any petitioner certified thereon?
Answer. We answer in the mega
tive"
In answer to question - reading:
IN case q petitioner signs two differ
ent petitions on different dates should
his name be counted on either Of the
tees made this answer: His name
should be counted on the one appear
ing to be signed by him first"
Under the decision Governor MilIi-
ken finds III duplication and accord =
ingly strikes off from the petitions
that number of names
Governor Miliikcn quotes the follow
ing from the opinion OF the justices:
Question ..
can the Governor after the ninety
days within which the petitions are to
DE hled have expired. compare the
names appearing on the petitions, al
though certified by the town clerk and
verified by petitioner, with the ac-
tual voting lists of the towns and re-
fues to count such names as do not
appear on such list?"
Answer We answer in the af
nfmatlYe. In the former question the
truth or falsity of the verificatlon OF :,
CO. petitioner was involved in this
question 1t is the truth or falsty of the
clerks certificate. The same principle
applies to both. Fraud opens all doors.
and If the Governor has good reason to
believe that an attempt has been made
TO defraud the people of their rights BY
a false certificate we think lie has the
power in his own discretion to ascer-
tain the truth, giving of course due
notice and hearing to the parties in
terested and especially to the clerk
whose certificate is attacked The
reasons given in the preceding answer
apply here. The knowledge of the
existence OF this power in the Governor
to reject forged names and name,
falsely certified may tend 10 prevent
fraud and to protect the referendum
from disrepute."
Governor Miliiken then saws in his
opinion: My examination of the pc
titions filed asking for a referendum Of
this Act gave me reason to believe that
many of the names appearing on the pc
tition were not in fact upon the voting
lists of the various towns and cities
and that the certificates of the clerks
stating that such names were on the
voting lists were false. Counsel for
the petitioners contended at the hear
ing that the various clerks did not will
fully and Intentionally make false GER
tificates but any errors therein were
due to insdveTance and therefore no
actual fraud existed.