Democratic Sentinel, Volume 3, Number 47, Rensselaer, Jasper County, 2 January 1880 — THE LAW OF THE CASE. [ARTICLE]

THE LAW OF THE CASE.

Plain Statement by Gov. Garcelon, of Maine, of His Action, anil the Reasons lor It—A Constitutional Duty Performed. Gov. Garcelon, of Maine, telegraphed to the New York Sun a statement justifying the reversal by himself and Council of the election results claimed by the Republicans. His statement is addressed to the public, and is as follows: Telegrams and suggestions having reached the undersigned to tho effect that Gov. Garcelon and his Council owe to the Democracy of the United Spates in particular, and the public generally, a full, explicit explanation of exactly wbat they have done and why they did it, I herewith submit for general information a concise statement of the constitutional requirements in relation to elections of Senators and Representatives in this State, the action of the Governor and Council in tho discharge of the >duty imposed upon them by that instrument, and the statute laws in accord therewith. Here follows tHe constitutional and statutory requirements, which the Governor summarizes further on. He then proceeds: In the discharge of their duty of examining the returns and issuing certificates or summons to the parti s appearing to be elected, the Governor and Council have pot only endeavored to follow both the letter and spirit of the constitution and laws made in accordance therewith, indicated by their own judgment, but the advice of their duly-appointed legal officer, aided by the boat legal talent in tbe State. And here let it be remembered that the decision of tho Governor and Council ia not final. The constitution makes the Senate and House of Representativee respectively the final arbiters of the election of their own members. All the lists or returns which Have been confided to the Council aro to he laid before the Senate and House of Representatives on the first Wednesday of July, annually, and they shall finally determine who are elected. With those directions and requirements before them, what is the Governor and Council required to do? To examiue these returns, ascertain their validity, and compare them with the provisions of the constitution and the law. And, 1. They must have been sealed in open town meeting, and in presence of the selectmen, and, by nfti?es.a>y implication, must oomo into the hinds of the Governor and Council in that condition. 2. They must be genuine returns, coming from bona-fide towns or plantations legally oonsti’uted and organized. 3. They must bo signed by the legal officers of the towns—’hat is, as elected by the counts, by a majority of the municipal officers of a town or city,' and certified by the Clerk. 4. They must contain a statement of the whole number of ballots cist for the officer voted for, and tho office for which ho was voted to fill. 5. They must contain the name of each person voted for with the number of votes against his name that were thrown for him. 6. The names of the officers signing the returns must be written with their own hands (as per judicial decision, (58 Maine, page 587)Applying these rules to the varied returns, a tabulat on of the persons votod for tho different offices, with the votes each has received, determines the result.

In the inspection of returns and tabulation of the same, wl ieh has just been completed by mystlf *~d Council, it t;as been our puipoee to apply to every return the same ru'e, to-wit, compliance with the requirement* of the constitution and the law, without fear or favor. And if the result as to the political complexion of the Legislature is different from what was claimed by politicians interested in influencing the elections in other Bta‘cs, it is owing in part to the fact that the claim was unfounded, and in part to the carelessness of municipal officers in making their returns. The truth is, the popular vote was against the Republican party, aDd in the Representative and Senatorial districts the vote was extremely close. In addition to the fact that several persons fail to receive their certificates in consequence of “fatal defec's” in the returns from their towns or cities, there are others who would have been presumably ejected but for the carelessness of the voters themselves, or the ignorance of the voters themselves, or the ignorance of the candidates, or those who provided ballots at the election. The Judges of our Supreme Court have decided that ballots cast for William H. Smith and W. H. Smith are ballots to be counted separately. Several change b have resulted from this condition of things. In one county persons with as many as four different combma ions of initials received the Republican vote and two the Democratic. That county was ontitled to only one Senator, and there was no a’ternative but to give the certificate to the person having the highest numbi r of votes. In the Danforth district, already notorious, the name of the Republican candidate was Charles A. Rolfe. The town of Danforth voted for Charles Rolfe. The result was that his competitor received the certificate, and from like cause other changes have occurred. The great huo and cry about “ conspiracy,” “fraud,” etc , arises from the fact that wo have taken tho constitution for our guide, fortified by tho opinions of the Supreme Court of the State and the advice of several of the foremost legal gentlemen of the forum, and have not permitted substi ution, alteration, or unauthorized amendments of the returns transmitted to us for examination, and by ns to be transmitted to the Legislature for their final action. In other words, we have rot resolved ourselves into a Returning Board to investigate fraud and bribery, illegal proceedings at the polls, and the thousand and one charges of corruption that are afloat, but have left this whole matter to the action of the Legislature, where it properly belongs. The Governor and Council hare recognized the fact that the people of Maine have adopted a constitution and declared it to bo tho supreme law of the State. They have followed the requirements with fidelity and impartiality, and when an intelligent public have brushed away the mists and false colorings which enraged and discomfited politicians have thrown around our action, and the vituperation and slander that has been heaped upon us hae given place to reason and fair inve tigation, any condemnation of our course, either by the Democracy of the nation, or any fair-minded and honorable politician of any party will be acknowledged with due submission.

ALONZO GARCELON.