Year: 1879







The Mandamus DecisiOn-What


Time is Necessary to Tabulate


Returns?


The decision OF Judge Virgin in regard
to the petition for a writ of mandamus de-
nies the writ, but affirms that the Secre-
tary of State is the legal custodian of the
official election returns, and that the pub
lie who are interested in examining those
returns have legal right to do so. The
ground on which the writ is refused
is that the returns are in the
hands Of the Governor and Council for
the performance Of a specific con-
stitutional duty, viz: to ascertain
from them who appear to have been elect
ed to the Legislature. This is a very diff
ferent power on the part of the Governor
and Council over the returns from that
which was set up by the counsel for Mr..
Cove. He contended that the Secretary
was not the legal custodian of the returns
that he was but the agent or servant of the
Governor and Council that the returns
were solely for the use Of the Governor
and Council. and that though the people
have an undoubted moral right, they
have no legal right, to have access to the
returns. These positions taken by Mr..
Gould the opinion of Judge Virgin over
throws; while the positions which were
assumed by Mr.. Baker, that the Secretary
is the legal custodian of the returns and
the candidates have a legal right to see
them, are sustained.


Accepting the decision of the Court that
the Governor and Council can keep the re-
turns in their possession for the purpose of
ascertaining from them who appear to be
elected, what would be reasonable time
tor them to keep the returns for the per-
formance of this duty? We are told that
tabulating the returns and ascertaining
from them who appear to be elected, may be
done and usually has been done at single
weeks session of the Council besides at
tending to the other business of the ses-
sion. Now, the present Council, accord
ing to their own statements, began to tab
ulate the returns Oct 30th, and it was
not until Tuesday, the 9th day
of December, the day appointed for the
hearing in the mandamus case to begin,
that they permitted republican senator's or
representatives elect or their counsel to
have access to the returns. 1t took the
present Governor and Council nearly six
weeks to do what is usually done in one
week. From the earliest period of the
government down to the present year
there has never been complaint or rea-
son for a complaint that the returns could
not be seen by the candidates. There has
been no difficulty before in accommodate
ing the Governor and Council with the re-
turns as long as they desired them, and
also accommodating the public with all
the opportunity needed to examine and
amend them where amendable under the
SsseooOo' iHC iiSHl vi tlt poNeTHOT anu
Council has never until the present year
interfered with the right of the people to
see the returns. This year delegation al
ter delegation and individual after ind
vidual have been refused, and never until
the interposition of the Court was invoked
and the day Of sitting came was it possi-
Bile for the public to get inspection OF the
returns.


And why this year? When the certifi-
Gates of election are sent out the peo-
pie will see and understand A great
crime against popular liberty and popular
suffrage is about TO be consummated
Men never elected will be counted in to
the legislature and men fairly elected will
be counted out. The will of the people
as declared at the ballot-bex will be disre-
garded. 1t never required but one week
TO find who were elected by the returns,
but 1t has taken six weeks labor of the
conspirators with the returns to contriye a
way by which they could steal the legisla-
ture. They think the job is done but we
shall see.