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

elected and n2o the QQa'aASAs'
ouired for senators" IT,. ...... Z.
II seems to me that that places the
burden fairly upon this Senate TO de-
termine who are its members. Let
me quote farther: prominent
among the latter, stands the pro-
vision in the third section OF part
third. article four which declares
that each house shall be the judge OF
the elections and qualifications OF It's
own members This provision. so
far as the Senate is concerned may
be deemed rather declaratory OF ex-
listing rights. than conferrmg ne"
mowers. Section 5. of article four
part second confers upon the Senate
the power to determine who are
elected to be senators. by majority
of the electors in each district ana
rs n necessary correlative, who are
not elected, ar rather. in what dis
tricts if any, vacancies exist.
Now, gentlemen. give that your con-
sideration for just q moment. THOSE
are the words of the supreme court oil
Maine. which my brother had 'aude'
and which has my hearty respect.
Those are the words of this court, ard
YOU are not only to determine who are
elected by a plurality of the votes IN
this district. but as necessary COZ
relativ who are not elected or in Nha'
districts, If any. vacancies exist.
NV position. gentlemen, is this; ] dis
agree with my brother in the matter i
his statement as to the burden of proof
la1s hat ff1Slr q
no such thing as a burden of proof COST
ing upon one man or the other; IL"
burden OF proof is upon this body. to d.
ternline according to the best light slnt
they can get of the facts as to who is
entitled to the seat here. That ieats
me to say right here that l agree with
my brother az to the legal ability and
qualifications o. Justice Morrill,, )d'el:
called to the supreme court of the sat:
of Maine. It was my good fortune TO
serve with him as committee from
this Legislature upon the revision "I
the statutes which we are now us.'e.
l came there to love and respect thls
man for his eminent fairness. his nan
w qualities and for his extensive itg,!
knowledge, and l should feel badl3 10
day II l felt that l was disagreeinS
with him in any particular In arriving
at the conclusion which ! am r>rl-
mendipg to YOU as member OF rs
elections committee.
Let ME call your attention to this,
gentlemen. and please give 1t due con-
sideration: Justice Morrill, is acting
| upon a petition that is brought in the
court o. law. and l have tried to show
you the difference, as l understand 1t.
| between a court Of law which is bound
by the statutes and by precedents, to
this body in which We sit.
In the matter OF the petitions that
are before Judge Morrill, and upon
which he has rendered decision. so ex-
tensively quoted here this morning.
Justice Morrill, is proceeding under a
statute of the State Of Maine. and he
is limited as a Judge by the provisions
of that statute.
The particular section which ] be-
lieve defines the limitations under
which he works is this: THE parties
or their counsel shall be heard upon
written or oral testimony. according to
the practice in like procedure and in
such manner as the justice directs. and
if 1t appears upon such trial or hear
ing that the petitioner has been elected
and Is entitled by law to the Office
claimed by him, then Judgment shall
be in his favor
Now l want to submit to you gen.
as attorneys, bu: as laymen-I want to
only sound legally but it is good sense.
too, to say that Judge Morrill, in his
proceedings under. that statute cannot
reach any other conclusion than that
ii which he came. And this election
committee, and I believe that you. too.
are going with Judge Morrill,, because
you have the same faith in him that l
do, in the decision which he has rem
dered.
And We do not disagree. in my opin-
ion. with him up to the very point OF
the case on the matter of the burden
of proof. Justice Morrill, says to you
| plainly that it has not been made 20
appear to him that the petitioners were
elected. and he says that because it has
not been shown to him as to the true
vote that was thrown in Ward T. We
agree with him when he says that tie
probati." 1cr'e Of the report in Shat
ward IS of 10 v;i;ue. We agra with
Inn when lie says that the par.as ne
thus RENTED IL other evidence That
| other evil v-as not aroduce.l Cor
him. nei-har is t produced for tn. her,
efit OF th; ctnnrlttee. but l wan 7,
emphasil" aga.r that I believe there
, is no Inconsistency between those two
opinions. He is proceeding upon one
line. upon certain statement of fact;
but. gentlemen, l believe that unicr
the circumstances under the interpreta-
ton that has been made of them ov the
,, justices of the supreme court. aud by
the common sense Of the matter, tina:
YOU are proceeding under different laws
; tnan was he. bound as he was by stat-
ute. if ! understand that language in
, the constitution; II ! understand the
language Of the court. which ! have
read to YOU, which says to this bod
distinctly that you are not only c,n-
powered but it is your duty to assar-
tam. when the matter is called to your
attention. who is the legal occupant
of the seat
why. gentlemen, suppose some
body in the state Of Maine should
cause letter to be addressed to
this Senate saying that they believed
certain man was unlawfully oc-
/ cupylng a seat here. and this Sem