Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-08-02
Justices Refuse to
Pass on Finality
OF Councils Findings

We must respectfully decline to an
swer this question" replied the justices
Of the Maine supreme court 10 one Of
the questions on which the governor
and council sought the advisory opin-
ions OF the court. this query relating TO
the fnality OF the decisions OF the gov
ernor and council on the ballots and
evidence before them IN the primary
recount.
The question was phrased as follows
is the decision OF the governor and
council on the ballots before them ana
on the evidence. documents and teSti-
mony, which IN accordance with tho
% @GIdsec OF the court may 0feeeved in
Following their statement that they
must respectfully decline t. answer
the question. the justices added ut
has nothing whatever to do with the
counting of the ballots which is tho
subject matter on which our advisory
opinions have been asked. but relates
20 the legal situation after the ballots
have been counted and the result an
nounccd 1t affects the legal rights Of
the interested parties at that future
time. and what those legal rights. if
any. may be can only be determined nv
proper legal proceedings brought at
that time.
I'VE do not deem Il propcr 10 fore
close any legal proceeding without Civ
ing the parties the opportunity Of tuil
hearing and argument"
For the reasons stated above the
justices also declined to make answer
to the following query: with refer
ence to placing the burden OF proof in
any proceeding thereafter what IS the
legal effect Of the issuing Of a notice
a y gas
stating the result Of the tahulation
made by the governor and council On
June -. 1921"
Likewise. Tor the same reasons. tho
court made no response to the follow
ing inquiry. Are the decisions If the
governor and council in primary etrc-
ton cases final. or can they IL reviewed
by the supreme judicial court
Result Reached MGthematioally
Pointing out that the result IS to ho
reached mathcmatically and that the
| result only remains to he announced.
! the court made answer to the question
regarding the right. power. authority
and duty of the governor and council
with reference to declaring taht there
has been no choice in the primary and
with reference to further proceedings
then to he taken. IN case tho governor
which candidate received tho rlural-
ty of the votes in the primary election
The fun answer Of the court on this
! Point was q follows.
The duty Of the governor aud "oun-
ell Is simply TO count the ballots ana
announce the result. The uucont"Stcd
ballots arc readily tahulated. The con-
tested ballots are to be counted In ac-
cordance with the advice herein cen
tanned. The result is thea reached
mathematically, and that result only
remains to he announced Tho candi-
date having the highest number is then
deemed to be ara should lie declared
to be the nominee. in case of to-
which would seem 10 he Improbable In
this case the result is reached by !ot.
Section I6 We can conceive OF no oth-
Ter situation whore there has been no
choice in the primary except fhat ~
tie vote, and VIC know Of no other r~o-
cccdings to BE- taken by tho governor
and council except to break the tie as
the statute prescrihcs. There need not
be unanimity on the part of the gov
ernor ana council In case of disagree
ment the majority would control