Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-02-13


Ward {. Anybody that wished to
upset that election could have put
half dozen votes into Ward and
said there is fraud in that ward and
therefore throwing out that we
would have defeated the mayor that
we elected. In Ward of Biddefortl.
q big Democratic ward where they
have about 200 majority, you let Il
Republican go down in that ward
some year when the thing is close
and put half dozen Democratic or
any other kind of votes into that
ward so that it does not tally with
admitted there, and then You upset
the Democratic party in Eiddeford.
Gentlemen, that is the door they OPP
en-. 1t may affect not only a ward.
it may affect city, or a county. or 4
state or 4 district. And that is the
door that they are going to open if
their contention is satisfied
Now | heard another thing men,
toned. and it is so peculiar that l
hardly know how to handle it. A
man said to me this morning and d
prominent nan, said it would be
good politicS-tEat man was not n
member of the Senate--he said it
would be good politics. where we
were so strong with % members of
tie Senate. to show the people that
we were perfectly fair and let a Re
publican out and take IL Democrat in
| am happy to say that I have never
heard that sentiment from any sen
ator or i'll the body of this Senate.
But i, is here. 1t is outside. 1t is in
Inc corridors. 1t is on the street
Gentlemen. that is a peculiar eX-
preston of anybody's idea to do
Justice. There is no politics in this
matter. There can't be. If we should
so SO far as to follow any suggestion
like that, we would drop the very
thing that we are trying to do. and
don't lose sight Of the thing that
we are trying TO do. justice to Par
err and Irish. and whom we Go that.
While our parties may have the name
Republican or Democrat. YOU want to
remember that justice is not 50
tabled. justice is what we are trying
to seek.
Now 7 understand from the argu-
ment Of my brother. Senator Thombs.
that the vote vas 80 parmeated with
fraud that the committee rejected
the whole ward. Am right?
Mr. THOMBS. Yes.
MIR. DE RING Now in his con-
tention on that particular point he
goes against the decision of Justice
In, hn
Bradbury VS.. Usher. and against all
the other of our decisions where the
fraud Is limited. Now there is no
question about The fraud in this par
ticular case being limited. Because
the contestants and the contesteeS
agree that there were 395 good votes
there.
Now as 7 understand unlimited
fraud ii is one where they cannot
find out how much fraud there is and
how far it goes-how many of the
votes are good and how many of
them are not But here in this par
ticular case there are 395 votes that
are admitted to he good. And shall
we as 4 Senate follow that conclu
sion that he has come to that the
the ward must bethrown out and dis
franchise 395. honest. square, upright
votes in that particular ward in or
der to find the justice that we are
seeking for in. this particular case.
They can't say who threw the votes
or for whom these particular bal
lots were cast. There is no proof
that they have brought before You
TO show that Parent received them
on that Irisl, received them. and if
YOU believe the law that I have Civ
en- YOU is the correct solution of this
thing. if you believe in Judge Nor
rill's opinion which is the only law
we have up to this present time, il
you are going to support those par
ticular principles. YOU cannot follow
the opinion of this committee and
reject the Whole ward. Because
when this committee rejected the
whole ward il DISTINGUISHED 395 men
in Ward in Auburn who everybody
admits voted honestly and correctly.
Now there have been various things
brought to the attention Of the COM
mittee, but in one particular in
stance, McCrary on Elections. 4th
Edition, par 243, quotes at length
from the Opinion of the Justices Of
the Maine Supreme Court. in 20
Maine, yS7, and cites that opinion as
important. The quotation from the
court is:
But shall the whole town be dis
franchised by reason of the fraud or
negligence of their officers? This
would be furnishing the innocent for
the fraud OF the guilty: it would be
more Just and more consonant to the
genius and spirit Of our institutions
to inflict severe penalties upon the
misconduct. intentional or accidental.
OF the officers, but to receive the
votes whenever they can be ascer-
tanned with reasonable certainty"
They have ascertained not only
with reasonable certainty. but they
have agreed that 395 votes in that
ward are sure to be bona f1de honest
votes. And still with even that in
their minds. the committee has dis
franchiscd that 395.
Now there is a phase Of this case
which takes this particular attitude.
and j do not see-yes. I sec how peo-
pie can support it and speak for it,
but do not see how any lawyer can
do 1.-THE things that we say here
today either as lawyers or laymen
are in the record and they are going
to be looked at by not only the peo-
pie of the State Of Maine but they
are going to be looked at by the
judges Of the State Of Maine and
other lawyers in the State of Maine.
and T am glad to put in that record
what I ON saving in regard to what