Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1917-03-01
Maine LEGISLATURE
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an incomplete ballot, by the election
officers; and that was the only reason
for the contest, and the only reason
that Mr.. Libby had to go to this ex-
pense 1t was not the fault of the vot-
ers putting them on wrong. 1t was SIM
ply that the voter was not furnished
the right kind Of a ballot.
Now that being the case think it is
only right and only just that the State
Of Maine should bear this expense that
Mr. Libby incurred on account of the
fact that the ballots were not right. 1
hope the minority report will prevail.
Mr. BUTLER of Knox: Mr.. Presi-
dent. I have the greatest respect for a
ma jority report of a committee of this
Legislature, committee that. undoubt-
eddy heard very carefully all the evil
dence that could be presented in re-
gard to this matter. AS has been sug-
gested. this is in no sense a political
matter and the majority report is not
signed wholly by men Of one party.
but made up OF both parties. We want
to re fair to all parties concerned. At
the same time we want to be just to
the State of Maine, and to what may
come after us. AS has been suggested
by the senator from Penobscot, we
would be establishing dangerous
precedent. There are many cases of
this nature up and down the State Of
Maine after most elections. Now, Mr.,
Libby-as a matter of fairness-Mr.
Libby got the thousand dollar job, If
Al L., Co. e,t~
would seem to me that the other fell
low who had his expenses to bear and
didn't get anything is more entitled to
he considered at the hands of the Leg
islature Of Maine. Now personally l
would be delighted to do anything for
the genial senators from Kennebec:
hut we have had the same situation
down in Knox county that they had,
contested election cases. We didn' t
come to the Legislature Of Maine, ask
ing to have our bills paid. And I don't
believe this Senate today will think
that is the right sort of thing to do
hope the majority report of this COM
mittee will be accepted.
Mr.. BARTLETT: Mr.. President, just
another word, if the Senators will bear
with me. This, according to my under
standing, is not the ordinary contested
election case. 1t is that where the bal
lots given the voters were defective
and l would like to read to the Senate
the last two or three sentences of the
opinion of the court in this case, writ
ten by Mr.. Justice Cornish: ITO hold
in this case that the candidate who
actually received substantial plural
ity of the votes cast must be thrust
from his office simply because some OF
the officially placed slips covered a
portion of the title, or failed to cover
the name of a dead man, is in my
Judgment to violate the statutes I'M
der which elections are held as well as
the fundamental principles of law and
good government. Without, therefore
re-examining the doctrine of Bartlett
V. McIntirc, supra, as to voter placed
stickers, my conclusion is that the
voters in the case at bar ought not to
be disfranchised because of carelessly
/ placed official .lips and that the entry
should be, as held by the majority OF
the court"
! | simply read this to verify the
statements that they were officially
placed slips.
! Mr.. GOOGIN: Mr.. President. may
say a word? AS long as Senator Bart
lett has said that the attorney general
said that this was simply a case that
Mr.. Libby could not sue the State, |
would say that ne did say to me at the
first time he spoke to me about it, that
if the resolve passed the Legislature
and came to the Governor for his sig
nature, and the Governor should ask
the attorney general if it was legal
claim. he would have to tell him it was
an illegal claim and advise him not tC
sign it.
The PRESIDENTS: The question
before the Senate is on the motion OF
the senator from Kennebec, Senator
Chick. that we adopt the minority re-
port.
Mr. DAVIES: Mr.. President,
should like to ask the senator from
Kennebec, Senator Bartlett. ques-
ton, if l may. Permission grant
ed) Do | understand. Senator Bart
lett, that these ballots were made de-
of the printer?
Mr.. BARTLETT: The ballots were
sent to the election officers prior to
the Q6aIn Oh MI. LGOndTu. MI. LtOH-
ard died very suddenly Sunday morn
ing before election. The secretary of
state had the slips prepared and sent
them to the various election officers
some time before the opening of the
polls Monday morning, with instruc-
tions that they affix them to the ball
lots before they were delivered to the
voters.
Mr. DAVIES: And do / understand
that Mr.. Leonard was a candidate who
died before the primary election. al
though his name appeared on the prima-
ry election ballot?
Mr.. BARTLETT: Before the Septem-
Der election. This was at the September
election. Mr. Leonard was a candidate
nominated at the primaries. Mr.. Libby
was the man whose name was substi-
tuted on Sunday before the September
election.
Mr.. MARSHALL of Cumberland: Mr..
President, l understood the senator to
say that this occurred in 1914. May in
quire through the Chair whether that is
correct?
The PRESIDENT: The senator will
please answer
Mr. CHICK. think Mr. Ieouard re-