Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-07-29


OF the ward officials as set forth in
said complaint?
II.
In Re Aroostook County Towns
Mr.. Brewster makes further claim
that in certain towns and plantations
in the county Of Aroostook votes cast
were marked by the election officials
contrary to law; that the polls in the
town of st. Agatha remained open
until $50 p. NJ. Standard Time, on
the day of the election; that 80 bal
lots were marked as aforesaid for
voters by election officials ana placed
in the box after the legal time for
closing the polls; that all the ballots
returned as voted in said town of
st. Agatha were marked for Mr.. Far
rington and that election booths were
not used but ballots marked at tables
in open rooms.
Questions
CAD Have the Governor and Coun-
Gil right. power, authority and duty
to inquire into the circumstances of
the voting in the towns and planta-
lions set forth above and in partic-
ular to inquire whether votes there
cast were marked at the request of
the voters by election officials al
though the voters were physically
| able to mark their ballots them
| selves; or otherwise contrary to law;
| whether the polls remained open
after the legal closing hour and
whether election booths were not
used. and If so. what is their power
| to examine witnesses. compel the
production of papers and documents.
take testimony and punish for con-
tempt?
(b) In case the Governor and
l %LA tr1A
thority and duty as aforesaid, and
should find that the allegations set
forth as above are sustained either
wholly or in part, what is their duty
with reference to excluding from the
count all or any part of the votes
cast in said towns and plantations on
said day and in particular, in case 1t
should be found that the allegations
are sustained but that it is impossi-
BILE to determine which of the ballots
now before them were cast after be-
ing marked as above set forth or
after the legal closing hour for the
election, or were marked on tables in
an open room and not in an election
booth.
(c) What if any effect should be
given by the Governor and Council
in counting said ballots to such facts
as may be found to exist showing ir-
regular. improper or illegal conduct
Of the election officials?
III.
In Re Ward 4, Portland
Mr.. Brewster makes further claim
In the election precinct designat-
ed as Ward in the city of Portland
at least four hundred Republican
ballots furnished by the Secretary of
State for use at said election were
fraudulently marked for Frank G.
harrington as the Republican candi-
date for Governor and were placed
illegally and fraudulently with the
ballots actually cast in said ward
in said election for the candidates for
the Republican nomination for Gov
ernor. This was done secretly after
the polls were closed and without
any color of right and secretly after
the polls were closed names of voters
on the registration lists were check
ed roughly to correspond with the
number of ballots thus fraudulently
marked and placed with the ballots
cast for the Republican nomination
Tor Governor and said ballots SC
1rauduIently marked and. placed
were wilfully, falsely and fraudulent
~ included in the record and in the
return of the election officials of said
| Ward 4. although they were not 'ac-
tually cast in said ward in said cleo
ton for the purpose of deceiving the
canvassing board which should re-
view this matter, thus vitiating the
return of the said election officials
and discrediting the vote of said
ward except as it may be determin-
ed by other competent evidence"
1t is stated by Mr.. Brewster that
some of the facts which tend to in
dictate the fraud above referred to
are that there were 647 names en-
rolled as Republicans in said ward
on the enrolment list but S73 Re-
publican primary ballots were cast:
that the check marks on the incom-
ing check list and outgoing check
list in said ward do not correspond.
that a large number of citizens whose
names appear on the voting list to
| nave been checked are ready to tes-
ttfy that they did not go to the polls:
and that the names of votersI who
had been stricken from the list and
uead mems names are checked as
having been voted upon,
! Questions
ta) Have the Governor and Coun-
Gil right, power. authority and duty
to inquire into the circumstances of
the voting in said Ward in the City
OF Portland as set forth above, or
elsewhere, and in particular to in
quire whether votes were received at
said Republican primary from per-
| sons heretofore or on said day not
duly enrolled as Republican voters
or were secretly placed with the bal
lots cast subsequent to the close Of
the election: and If so, what is their
power to examine witnesses, compel
the production of papers and docu-
ments, take testimony and punish for
/ contempt?
| OBJ In case the Governor and
council have the right. power. au-
thority and duty ais aforesaid, and
should find that the allegations set
forth above are sustained either
wholly or in part. what is their duty
with reference to excluding from the
| count all or any part of the votes
cast In said ward on said day and
In particular in case 1t should be
| round that the allegations are sus-
tanned but that 1t is impossible to de-
termine which of the ballots now be-
fore them were cast by enrolled Re-
publlcans or were placed with the
ballots cast secretly subsequent to
the election as aforesaid?
Co What II any effect should be
given by the Governor and Council
| in counting said ballots to such facts
as may be found to exist showing ir-
regular, improper or illegal conduct
of the ward officials as set forth in
said complaint?
".
In Re Unofficial Ballots
"a 1t appears that included in the
ballots cast at the election were GER
tain ballots not officially furnished
prior to the election by the Secretary