Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1925-05-07
Primary Petitions
Continued from PAGE One

Primary Petitions
Continued from Page One)
ford L. Fogg, deputy attorney gen.
eral. sitting in an advisory capacity.
Following the statement made by
Mr.. Fisher concerning his prelimin-
airy investigations, the hearing was
continued to 10 o'clock next Monday
morning, when witnesses will prob
ably be called to testify in connection
with the circulation of the petitions,
how their signatures came to be upon
the petition, and other alleged ir-
regularities. Other witnesses will
probably be summoned to testify
that they did not sign the petition.
The petitions bore 1858 signatures
whereas but 10000 are required but
1t Is claimed that $50 of these sig
natures are illegal, so if these 2,61O
names are eliminated, the petitions
Will not have the necessary $4,000 le-
gal signatures so that the people will
not have an opportunity to vote
either for or against the repeal of
the OlrecC primary law.
Statement by Governor Brewster
Governor Brewster made the follow
ing statement relative to the case at
the opening of the hearing:
There have been placed before me
petitions asking referendum upon
the direct primary law purporting to
bear the signatures of more than 49,
900 voters in the State of Maine. The
Constitution provides that the gov
ernor shall, by proclamation, order any
measure proposed to the Legislature
by at least 10000 electors as herein
provided, and not enacted by the Leg
islature without change, referred to
the people.
1.-THE attorney general has advised
that it Is the duty of the governor to
determine whether or not these condi
tions exist as a condition precedent to
the proclamation of a referendum upon
the law.
Following the precedent set in the
administration of Governor Milliken,
an investigation is accordingly being
made. Very definite and detailed rules
have been laid down in the opinions of
the justices of the supreme judicial
court covering the requirements that
must be observed in connection with
any petitions that are filed.
1.-THE justices have made the import
ance and sacredness of this right OF
petition very clear. They have stress
ed the Importance of safeguarding IL
by the provisions of law which must
be scrupulously observed. In particu-
lar they have pointed out that the
right to petition is akin to the right
of suffrage and must not be exercised
by proxy at any time. An original
Individual signature Is the only one
that can be received and certification
of any other is very serious OF
fence"
Attorney Fisher Tells Of Investigation
In his opening of the case, Attorney
Fisher said that the Constitution OF
Maine requires that each petition must
have "the original signature attached
verified as to the authenticity OF the
signatures by the oath Of one OF the
petitioners certified thereon
THE Constitution further requires
that the names of the petitioners 'ap-
pear on the voting list of the CITY,
town or plantation as qualified to vote
for governor.
.The supreme judicial court OF
Maine in answer to the questions OF
Gov. Carl e. Milliken on referendum
petitions eight years ago said True,
petition properly verified and certlned
is prima facie evidence of its validity
but it is not conclusive. Suppose the
governor on inspection percieves that
MANY names are evidently written by
one and the same hand, or learns from
reliable sources that fraud and forg-
ery have been rracticed supon him, is
he bound to count these names with
out ascertaining the facts after due
notice and hearing to interested par
ties. We think not
The Duty Of the Governor
"Iynder the decisions Of the supreme
court and the provisions of the Con-
stitution, 1t is the duty of the gov
ernor to scrutinize each petition. Pe-
titions not made out in accordance
with the Constitution must be reject
ed. Under this heading I ask for the
rejection of the following classes OF
petitions:
"First, those not certified at all be-
cause they do not comply with the
Constitution.
second, those certified by person
who has certified another petitlon De,
cause the supreme judicial cour. -.
Maine has ruled that a person canilo.
certify two petitions. the court raleu
"A nerson has that right on the first
netition but there his right ceases.
His name appeared rightfully on the
first hut wrongfully on all others
Third, where the person certifying
that the signatures are genuine Is not
certified by the town clerk to be
voter.
'There are certain other petitions
which should be rejected because the
statements on their face do not accord
with the facts. These petitions are all
in proper order and on their face ap-
pear genuine. But there are on file
here affidavits which are signed In
each case by the petitioner who made
oath that the signatures are genuine.
1.-The maker of the affidavit states
on oath that he did not circulate the
petition, does not know whether the
signatures are genuine or not and
that he signed as verifying petitioner
without realizing the exact meaning
of what he did sign"
Asks for Rejection of Petitions
Attorney Fisher then read affi-
davits from IS persons who stated
that they did not see each person
sign the petition and that they sign
ed the affidavit on the bottom of the
petition, not realizing that they were
taking oath that they knew every
signature thereon to be genuine.
These 10 petitions bore 1856 sigma
lures and the affidavits filed were by
Joseph S. Farrand and Lydia /.
Shields of Lewiston, J. Fred Shee-
han, Ralph j. MacNeil, Adelbert +.
Reavil of Bangor, Leonard H. Dud-
ley of Augusta, w. A. Archer OF
Fairfield, E. A. Blanchard of Old