THE PORTLAND DAILY PRESS,
Publish*! cverv dry (Sundays excepted) by the
P.OBTI-AND PUBLISHING CO.,
A? 109 Exchange St., Portland.
Them*: Eight Hollars a Year. To mail subscrib
ers Sevan Dollars a Year, if paid in advance.
THE MAINE~STATE PRESS
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Rates of Advertising: One inch of space, the
length of column, constitutes a “square.”
$1.50 per square, daily first week; 75 cents per
week after; three insertions or less, $1.00; continu
ing every oilier day after first week, 50 cents.
Half square, three insertions or less, 75 cents;
one week, $1.00: 50 Gents per week after.
Special Notices, one-third additional.
Under head of “Amusements” and “Auction
Saf.es,” $2.00 per square per week; three inser
tions or less, $1.50.
Advertisements inserted in the “Maine State
Press” (which has a large circulation in every part
of the State), for $1.00 per square for first insertion,
and 50 cents per square for each subsequent inser
Address all communications to
PORTLAND PUBLISHING CO.
FRANK CURTIS.LESSEE AND MANAGER.
Dec. 33, 34 him! 35, Tuesday, Wednesday
35TIB CHIIISTMAS MAT1XEE 35TII
The Celebrated Comedian,
MR. CHAS, L. DAVSS,
Miss Emma Vera and Ills Comedy Coin’y,
A Picture of New England Life.
Sale of seats, Saturday, Dec. 20. del9dlw
G. A. R. COURSE,
Thursday Evaiin^:, Dec. £5fli,
MISS CARRIE A. TURNER, Reader,
W. H. SAYWARD. Impersonator,
MRS. JULIA HOUSTON WEST, Soprano,
WALTER EMERSON, Cornetist,
LEON REACH, Pianist.
This combination is entirely original and ©very
member an artist.
Evening Tickets 25 cents. Reserved Seats 50
cents, for sale at Stockbridgc’s and at the door.
Concert at 8 o’clock. de23dtd
Christum* Afternoon and Night.
Magician and Ventriloquist,
now in his
53(1 Year betore the Public, with Itfugic,
iflystety aud Fciu.
POPULAR PRICES: Afternoon, Children, 15
and 25 cents. Children buying tickets for after
noon performances can have them for 10 cents.
EVENING—Admission, 25 cents: Reserved Seats,
35 cents. Tickets ready at Box Office, Music Hall,
on and after TUESDAY MORNING, Dec. 23d.
Secure them in time. de23d3t
~ ©HRSSTIV!AS BALL
GILBERT’S DANCING ACADEMY
Tickets, admitting gent with bodies, SI.00. Oys
ters and other refreshments served to orier—Rob
inson, caterer. The last half of the present term of
evening school commences on Tuesday evening,
Dec. 23d. Come aud learn the Bohemian (lieel and
toe) Polka. de22dtf
— BY —
Mil. WILLIAM ii. CLARKE,
— AT —
Friday Evening, Dec. 2S, 1879.
Tickets-3.", cents; to be obtained at Stnckbridgo’s,
Sturges’ and Hinds’ Drug Store, corner Vine and
Brackett Streets, de2dd4t
3 Classical Subscription Concerts
AT HOSSINI HALL.
no. 1—nano UfCllIU n. nm. out;r
UOOik Cf BOfftOH.
IVo.2-Piano Recital by Ernst Pcrnbo of
Quartette of Boot on.
hack concert to nave a Vocalist. Subscription to
the course $2.00. List at Stockbridge’s. de23tf
FOR A '
Ladies’ Imitation Seal Caps.*14?.
Ladies’ Real Seal Caps.
Cent's French Seal Caps. 1-Jo
Ladies’ Imitation Seal Sets. ".uu
Children’s Sets of Furs. ■
Real Astrachan Sets. aA’d
Dog Skin Gloves.$ ■"?
Gents’Lined Kid Gloves.
Spring Wrist Kid Gloves. J
Boys' Winter Caps.?■'
Scotch Caps. JU
We have a large stock of ail kinds from 87 cents
up to $20.00.
Fur Trimmings of all kinds
Our siock of Soft and Still Ilata we will sell at
cost to reduce stock.
The Bankrupt Stock of
482 Congress Street,
has sold very rapidly at the very low price it has
been oilVred at, the balance will be offered at still
lower price* to insure its being all closed out betore
Christmas. We have also in stock a large assort
ment of New Clothing, bought for cash, which will
be sold cheaper than at any other house in Maine.
Also a very large stock of
TIES, UMBRELLAS, &c.
Please call and examine at
482 Congress Street,
Ess. Boquet, Boquet Caroline, Carnation Pink,
Frangipanni, Heliotrope, Honeysuckle, Jasmine,
Jockey Club, Magnolia, Marechale, Wihl Rose,
Edenia, Toledo, Milleflenr, Moss Rose, Masseline,
New Mown Hay, Night Blooming Cereus, Ocean Spray,
Orange Blossoms, Persian Boquet, Pond Lily,
Rondletia, White Rose, Geranium, Spring Flowers,
Stephanotis, Sweet Brier, Tea Rose, Tube Rose,
Upper Ten, Violet, West End, White Lilac,
Wood Violet, Musk, Ylang Ylang, Wild Olive,
Alisma, Double Diamond, Patchouly, Carnation,
Cashmere Boquet, Queen of Scots, Ac., Ac., Ac.
The above Perfumes arc variously put up in handsome Bottles and Boxes, or can be ; archascd by the
ounce at prices varying according to quality,
FROM 10 CEMTS. yp I
In addition to above Stock of Perfumes we offer at Low Figures
AN ELEGANT I.INE OF
TOILET ARTICLES, CELLULOID SETS,
AND A GENERAL VARIETY OF
Choice Russia Leather Goods, &c., &c.
F. T. Mealier <fc Co.,
X> 'jEtL "O' C3t- I "Jl* Si,
Cor. Consrresss and Preble Portland, Me.
We have now on hand one of the Largest
and best assortments of Furniture ever shown
in Maine. This stock of furniture was all man
ufactured and bought by us before the advance
in prices, and until we have to put in a new
Stock we shall sell at former prices. We wish
the Public to understand we shall allow no
Dealer in Few England to undersell us under
any circumstances. Please give us a call be
fore purchasing and save money.
G. A. WHITNEY & CO.,
333*o« •&© jE3:23:d3.£&:EXs>© S&'fc*-, lIP’o^'tlLsa/o.cl.? 3^£©.
Great closing oh! sale of the balance of the Stock of Clothing tha
was recently Damaged by sttsolic ami water at
33Je>a 171 IPore Street®
This stock must be so!d by December 31st, regardless of cost. AH
W ool Coats $2.50. $3.00, $3.50, $4.00. $4.50, $5.00. These coats
cost.twice the money to snake. All Wool bans $6.00, $6..i0, $7.,»0
$8.50. This is a choice bargain in Suits. All WrooS Coats and Vests
for about one-half what ihey cost elsewhere. Overcoats $3.7.», $®*®®*
$7.50 and $8.30, If you want as* Overcoat cat! and sec liieiu. bants
ami Drawers 25,' 50 and 62 1*2 cents. Pine White Shirts $1.00: cneaj?
i0picaAar it* mind that this will be your last chance to buy Cloth
iisg sit ttiese prices, sis tlsis stock sisiiist be closed «sb£ hy Dcccitabei’
FIRE I SMOKE I WATER I
3T. 3J”. SISK..
Ko. 171 Fore Street.
31m GRAN!) ANNUAL OPENING OE
Thursday, Bet. SHU, l»y
CHAS. DAY3 Jr., 8t GO.,
1ST MIDDLE STREET.
OUR DOLL DEPARTMENT will bo
complete, Ladies’ Work Stands, Work Baskets,
Ladies’ and Gents’ Dressing Cases, Writing Desks,
Work Boxes, Albums, Card Cases, Wallets, Bags.
Pocket Knives, Bird Cages, Scissors, Ladies and
Gents’ Skates, Parlor Skates,Hand Mirrors, Celluloid
Sets of Comb, Brush and Hand Mirrors, Celluloid
Card Cases, Doll Cabs, Boys’ and Girls’Sleds. Sleighs,
Rocking Horses, Scrap Baskets, \ ases, Mustache
Cups, Toilet Sets, Magic Lanterns, Picture Books,
Games, Word Making Game, Logomachy, Authors,
Pinafore. The new parlor game of Billiardette (the
best game vet published,) game of Base Ball, Go
Bang, Parchesii and hundreds of other games, A. B.
C. Blocks from 5c upwards, Picture Puzzles, Jack
Straws, Dominoes, Toy Furniture,Boys’ Tool Chests,
Mouth Harmonicas, Accordions, Tin \vare of ev
ery description,China,Wood, and Brittania Tea Sets,
Toy Castors, Boys’ Reins. Toy Pianos, and Drums.
Our stock of Toys are to numerous to mention. 1 o
dealers in Holiday Goods we^vill offer extra induce
C. DAY, 187 Middle Street.
Mary E. Fairweather’s
DRESS REFORM ROOMS,
50? 1-2 CONGRESS STREET.
Ladies’ Undergarments of all kinds cut and
basted, or made. . . _.
Patterns cut from measure and warranted lo lit.
Flannels ready made or to order.
Ladies’ and children’s Stocking Supporters.
IWO'ffLEY BLOCK, ROOKE 2,
No. 507 1-2 Congress St.
del 7 dtf
571 Congress St.,
Has constantly on hand a large and well
selected stock of CANDIES, warranted
Fresh and Pure.
Also all sorts of TOYS asd Fancy Arti
cles for the Children.
Don! fail to call and see them aiTd yon
will he convinced.
For The Holidays
Frame and Clipper Sleds, Snow Shovels,
Folding Lap Boards, Baskets, Bird Cages,
Patent Nursery Swings, Pampas, Plumes,
Hartford Ferns and a large variety of
Dried Grasses. Popping t orn for Christ
— FOR SALE BY —
Kendal) & Whitney
MARKET HAEE—MARKET SQ.
del 6 2w
Useful aim Omental Goods
Ladies’ and Misses’ Print Wrappers
and Aprons, Felt and Flannel Skirts,
Worsted Jackets and Waists, Hand Knit.
Breakfast Shawls, a great variety of Nu
bias, Mantles, Shetland Shawls, Scarfs,
Hoods. Leggings, Hosiery, Gloves, Mit
tens, Wris’tcrs, and complete lines of La
dies,’ Gents’ and Children’s Underwear,
all of which we offer at the lowest prices
A. Bo BUTLER,
Q-Sr.'Z Micadlo atroet
dels f ThST tf
Zenas Thompson, Jr.,
Has removed from the
“OLD STAND,” 492 & 494 Congress St.
TO NEW FACTORY,
M 82,84,8(> & 88 Union St,
NEAR FALMOUTH SJOTtEL.
I take this occasion to return my thanks to all my
friends and the public generally lor past lavors and
patronage and with pleasure 1 inform them that I
have fitted up a new factory on Union St. with
S earn Power and Steam Elevator and greatly im
proved facilities for handling work to advantage, to
an inspection of which you are respectfully invited*
oc23 _ eoddm
Tlae Finest Art Cteosls
Ever Shown in Portland.
Cyrus F. Davis,
Artist’s Materials - Fine Pict ure Framing
_ del7 _ ___I"'
All Premiums at STATE FAIR, 1871).
Opposite Falmouth Hotel,
©aa oxly. noAdfcf
DRESSER, ICLELLAN k SO,,
47 Exchange Street.
THE BEST SELECTED
8T0SK 6F B00K.i)
to ho found in the city, consisting of all the
3KT 23 N7V IB O O’ XS. S3
published this year, Also a
FULL LINE OF POEMS
Brcat Variety of Biuihnsw.
Would also call attention to our large stock of
Fancy Goods and Toys.
of all descriptions.
WRITING DESKS, Ac.
to he found in large assortment.
Please call and examine before pur
Dresser, lilm & Co.
CALL FOB THE
The Best Parlor Game ever Invented.
• IiV PJRICKS OF
Customers c»n save from a to 5
dollars by buying
Dolmans and Cloaks
ok' us. Also great bargains its
all kinds of
F. A. Ross & Co.
499 Congress Si, Cor. Brown.
To buy a suit of clothes or
an Overcoat very cheap.
Having* on hand a large
stock of woolens bought be
fore the rise I am prepared
to close them out at prices
which cannot fail to insure
a ready sale. Call at once
while the assortment is good
D. B. Cornish,
249 IVSSDOLE ST.
SILK, LACE AND LINEN
SILK t,es’lace ties,
Real DiicliBSs andTRread Barbs,
L.EGGINS, Ac., Ac.,
anil a lot of other useful presents can bo found
H. TALBOT & CO.’S,
461 CONGRESS STREET.
PEARL OYSTER CRACKERS.
To thoroughly enjoy an oyster stew you should uso
the “Pearl Oyster Crackers1’ with the criiupled edge.
Every one perfect. i\o split ones. We are taking
great pains in manufacturing these Crack- rs, using
nothing but the best stock and eonlideully believe
that if the public will try them they will use no oth
ers. fflANUFACTl'BKD ONLY MY
Rice & Caldenvood,
de20 $ & 10 UNSOIV ST. Iw
— OF —
Geo. F. Nelson,
441 CONGRESS STREET,
del7dlw FARRINGTON BLOCK.
$20,000 TO JLOAJV !
On First Claws lllortgagei or Good Notes.
Houses and Stores For Sale and To Let. Apply to
W. H. WALDRON, Real Estate Broker, 180 Aiiddlt
treet Up Stairs. sep24-eodt*
Our stock being so large, wo feel obliged to make
Goo ! uulinetl Whole Skins.81.50 sip
Large Whole Skins 84.00 to 80.00
Line:! Skins, Baain'* Tanned.85.50 up
A Good ISlauket for 81.00
Large Square Hl-.iukcts 1.50
197 MIDDLE STKEET.
(See Show Window'.)
421 CONGRESS ST.,
. .Sign of GoM ISoot.
TIIE SHOE DEALER.
— rOK —
leu, Women and Children.
JU. 9 jlilM M .”5 V* r* * IB if W~ W. iirt'llCD ouu misovu.
TOILET 9L1PPEB!) and Dancing Pumps
for Gentlemen *nd Youths.
MEN’S ENG. GRAIN Walking fast Bals.
and Congress Boots.
E.Vf*L ESIAIN waterproof Gunning Boots.
tORK SO EE WALKING BOOTS for
La-ties in Fr. Calf and Goat; alsO Cloth top walk
SPRING KEEL BOOTS in all widths for
Misses and Children.
EXCLUSIVE SAEE of Burt's Boots and
Banister & i'ichenor s Newark custom made h tnd
CUSTOM BOOTS of every description made
M. G. PALMER,
330 HfeZldcUo Street.
WHY INVEST IN
California, Nevada and New Mexico
When you can buy MAINE MINING
STOCKS as likely to pay dividends as any of our
Western mines. Buy on the low markets and get
the rise. 1 have for sale the following
REAINfE MINING STOCKS:
Blue Hill Coppe r
. JOHN sTmORRIS,
22 Exchange Street, Portland.
—JL-UK Ul At —
To give all a chance to see our
unrivalled display oi‘ holiday
goods and the low prices at which
wc are selling them, our store
will he kept open Monday, Tues
day and Wednesday Evenings
J. M. DYER & CO.,
333 Middle Street.
Since the great advance in all kinds of
Rubber Goods it is important to know
when you purchase that you get a lirst
uualitc, reliable article. The WOON
SOCKET 1)1'MONO TAP Rubber Boots
for Men, Boys and Youths are acknowl
edged to be the best in the market. We
have a full line of these goods. We would
also invite you to examine our large stock
of Ladies’ l'ine Boots and Slippers, Gents’
Opera Slippers, etc., suitable for Holiday
Presents. We also carry a large variety
or Ladies’, Gents’, Misses’ and Children’s
medium grades of goods which we offer
at reasonable prices at 185 Middle St.
B. F. WHITNEY & CO.
dec5 __ *»f
The Largest and Finest Line of
in this city can be seen at
WYER GREENE & CO’S
480 Congress Street.
Also a well assorted stock of all kinds of
BOOTS AND SHOES
at the Lowest Priees.
TUESDAY MORNING, DECEMBER 23.
Every regular attache of the Press is furnished
with a Card certiiioate signed by Stanley T. Pullen,
Editor. All railway, steamboat and hole managers
will confer a favor upon us by demanding credentials
of every person claiming to represent our journal.
Wc do not reau anonymous letters ana communi
cations. T he name and address of the writer arc in
all cases indispensable, not necessarily for publica
tion but as a guaranty of good faith.
We cannot undertake to return or preserve com
munications tnat are not used.
A Specious and Flimsy Apology.
We print this morning the somewhat elabor
ate statement of Gov. Garoelon in defense of
the extraordinary action of him and his Coun
cil—action which threatens to result in many
instances in the reversal of tho popular will,
and in others in the disfranchisement of im
portant towns and cities. Ho has seen lit to
publish his apology in the first instance in the
columns of tho New York Sun, instead of the
leading newspapers of his own State where the
outrage has been committed. It may bo ho
thought the performance better suited for that
locality, which has been tho theatre of the
brilliant exploits of Tweed and his fellow con
spirators , than for tho sober and steady going
State of Maine, where the people have certain
fixed notions touching public morals and tho
discharge of high official trusts.
It is to be observed, that in making this
statement, Gov. Garcelon has in his possession
all the information which bears upon it; and
that to his Council only, and to such political
friends as they have called to their assistance
are known the star chamber proceedings
which have been carried on in secret, and
which have resulted in producing this extra
ordinary result. In vain have the people of
this State endeavored to inform themselves of
the errors which existed in the returns,—re
turns which both from their nature and by
the plain spirit and intent of tho law are
intended to be open at all proper times to
public inspection. In only a few instances
was it permitted that parties interested should
inspect them—and this only when such time
had elapsed as to render such inspection
useless to prevent tho completion of an outrage
which had already been determined upon.
If the Governor and Council intended fairly
and honorably to discharge their duties with
out fear or favor to any party, it is a little dif
ficult to see why they should have conducted
themselves precisely as if they wero planning
and executing a crime* against the people of
tho State. Ia all tho provisions of tho Consti
tution quoted by tho Governor in his defense
no one can be found which authorizes the se
cret discharge of duties which should be pub
lic in their performance, or forbids the exhibi
tion at proper times to int. rested parties of re
turns which indicate tho will of tlio people,
and which interest every man who has thrown
a ballot at the elections.
It is true that tho constitution prescribes
certain methods by which the will of the peo
ple shall be ascertained at the polls; but the
Governor and Council seem to have'ignored
entirely the fact that, while some of those pro
visions are mandatory and vital, others are
merely directory, and that a compliance with
their provisions is not material—provided the
true will and intent of the poople can be ar
rived at by an examination of the features
made for their preliminary inspection. And
they seem further to have ignored the fact that
it is the spirit and intent of tho whole instru"
ment taken together which is to govern, and
not mere isolated sentences, and that it was
never intended by the framers of that instru
ment, or of the statutes enacted by force of its
provisions, that it should ba so construed as to
defeat instead of carrying out tho will of tlie
people by whom it was ordained. The first
and highest object to be attained under that
instrument was tho perpetuation of a repre
sentative government, where the people should
select their servants, who should enact, con
strue and execute the laws; and any appeal to
| mere forms and technicalities wmcn aeieat tins
fundamental purpose of the government is un
warranted alike by the spirit and tho letter of
It must bo apparent to every one that it is
would be impossible in a government like ours,
that absolute technical accuracy should bo
found in all the proceedings of public officers,
or that tho returns of their proceedings should
be so perfect that a sharp technical lawyer
could not point out real or fancied inaccuracies
to the willing eyes of a Governor and Council
desirous to find excuses for the purpose of car
rying out partisan designs and of reaching a
result different from what the people intended.
And the practice has therefore been, both in
courts of justice and in the doings of past
executives as a general rule, that where tho
real intention and will of the people could be
discovered from the returns they should bo car
ried into* effect, although the return or other
document evidencing such has not all the
technical accuracy of an indictment. With
this view, the Legislatures of the Stale have
from time to time enacted laws, enabling the
Governor and Council to receive testimony for
the correction of errors, and to enable them to
determine the real intention of the people. Of
this character are some of the provisions of ch.
4 of the Revised Statutes, of ch. 62 of the Pub
lic Laws of 1876, of ch. 212 and 218 of the
Public Laws of 1877, by which not only evi
dence may be heard and corrections made, but
it is provided that “in all cases where a return
is defective by reason of an informality, a duly
attested copy of the record may be substituted
therefor.”—And in discussing questions of this
nature, Whitman, C. J., in Soper v. Liver
more, 28Me., 208, says:
“In the proceedings of our numerous and
“varied municipal corporations, we ought not
“to look for a scrupulous observance of the
“most approved formalities. If their proceed
ings are in substance what they should be,
■ I... i . „n : i4- nmnlrl vnns tn
“set them aside for tlio want of technical for
mality. Tho intention of tho votors of the
“district is perfectly apparent in tho caso be
The same doctrine is substantially enunciat
ed by the Supreme Court of Massachusetts,
a»d may be safely said to bo tho rule of action
adopted in all cases where it is tho purpose to
carry-iuto effect honestly and fairly the will of
tho people, and not, as in this case, to find a
pretext to disregard it.
Aside from the statutes the action of the
Goveraor and Council so far as the Senators
and Representativhs are concerned, is puroly
ministerial. Upon tho Houso and Senate
finally dovolves the duty of determining who
are the constituent members of thoso bodies,
and the complaint is that disregarding this
fact, the canvassing board have attempted to
usurp tho powers of tho Supremo Court, to
annul and disregard the will of tho Legisla
ture as expressed in the statutes, and, soiziug
upon unimportant and technical defects for
purely partisan purpoaes, to wrest frem their
opponents by fraud and artifice a result which
they were unable to obtain in a fair contest
before the people. it is a clear case of execu
It is useless for Governor Garcelon to at
tempt to make the people believe that any
requirement of the constitution or of the laws
compelled or authorized tho executive depart
ment to disfranchise tho city of Portland, be
cause the return upon its face showed that 143
scattering votes wero cast, when at the same
time it declared the fact that if this number of
votes were added to tho votes of the Democrat
ic candidate having the highest number, the
Represeutativeselected would still havo a clear
majority of hundreds; or that any provision of
the constitution authorized the refusal of a
certificate to the member-elect from Skowlie
gan, because the ballot was not of such a shape
that it could be readily counterfeited by his
Democratic opponent; or that by any provis
ion of law he and his Council were constituted
a legal tribunal to determine that an acting
selectman who had served the town in that
capacity for years, was an alien, as in the case
of Cherryfield; or to determine in tiie face of
repeated decisions of the Supreme Court, that
his being au alien would invalidate tho return.
If this wonderful expounder of constitution
al law bstUuftremetl himself of the decisions
| oi tho courts Ua would have ascertained that
| in matters affecting tho rights of otli
I crs, and especially where great public interests
aro to be considered, the word “may.” as used
in the statute of 1877, is construed as if it were
written ‘ shall,” and 13 binding upon all par
ties subject to its provisions; and in such caso
the Governor and Council, for the mero pur
poses of serving partisan purposes, arc not at
liberty to disregard tho statute and to claim
that it is a matter resting in their discretion
whether tl:oy will or notibe governed by the
law of the laud. This investigation, had tho
Governor chosen to prosecut it, would have
further convinced him that it is a recognized
rule in courts of justice that tho delicate and
responsible duty of pronouncing an act of the
Legislature unconstitutional and void is only
to be exercised by the Supreme Court sitting
in banc, and that until it is so pronounced void
it is is binding upon the conduct of tho highest
and lowest, of tho Governor and tho governed,
in tho discharge of every duty and the asser
tion of every right. But the Governor and
Council, iu order to carry out their purpose of
defeating tho election and of substituting
their own nefarious political schemes and plots
for the will of the people have taken upon
themselves the responsibility of disregarding
the statute of 1877 or declaring it void. They
have construed the constitution to suit their
own selfish purposes; and instead of being
governed by its broad and liberal spirit, have
resorted to legal quibbles to defeat its plain
and evident intent. Their stupendous villainy
lias been completed in direct contravention of
the laws of the land and of the constitution
itself. If ilieir pretext is to obtain, theu it
will be found almost impossible to administer
the State in accordance witli tho fundamental
principle upon which it rests, which is that the
government is to be established, administered
and maintained by the consent ot me gov
erned ; because future Governors and Coun
cils will easily find reasons as plausible by
which to set aside tho expressed will of the
people and to perpetuate themselvss in power.
If Gov. Garcelon and his Council actually
have the confidence which they prof ss in the
legal correctness of the positions which they
have assumed, why have they so persistently
refused to lake the opinion of the Supremo
Court upon the subject? They have been
urged to do so; tho law confers upon them the
power to demand such an expression of opin
ion when they see fit; hut they persistently de
nied to parties this right, which would have
enabled them to determine by authority the
rules which ought to govern their action. Has
there over before been an instance in this State
where the Governor and Council have refused
to avail themselves of this privilge wherever a
great and important question of duty was in
volved? This G . ernor and this Council pre
ferred rather in the secrecy of their own
chamber to consummate tho plot against the
rights of tiro people and then to attempt to
shield themselves by such specious excuses as
those contained in tho defense of Gov. Garce
It is fortunately true that in case of the
county officials tho courts of law afford a rem
ody by writ of quo warranto if persons shall
be found to accept these offices to which they
have not been elected; but the crime is none
tho less great, and the oxcuse as given is none
the less iiimsy aud unsatisfactory because the
wrong attempted in this instaneo will not bo
found in tbo end to be without remedy.
Gov. Garcelon will never be able to convince
the public that the constitution and laws of
this State will justify the counting out by
wholesale of Senators and Representatives
fairly elected by the people, where, to say the
least of it, the returns have been as accurate
in form as those showing the election of the
men to whoso votes Gov. Garcelon and his
Council are indebted for tho offices which they
have disgraced and the trusts they liavo he
THE D PENSB.
A Weak Apology for a Scoun
ALONSO GARCELON’S DEFENSE AT
THE BAR OF PUBLIC OPINION.
To the Public:
Telegrams anil suggestions having reached
the undersigned to the effect that Gov. Garce
lou and his •'ouneil oive to tho Democracy of
tho United States in particular, and the public
generally, a full, explicit explanation of exactly
what they have done and Why they did it, I
herewith submit for general information a con
cise statement of the constitutional require
ments in relation to elections of ♦senators and
Representatives in this State, and the action of
the Governor and Couucii in the discharge of
the duty imposed upon them by that instru
ment and tho statute laws in accord therewith:
The statutes regulate tho uindo of the calling
of meetings, but the Constitution prescribes
tho qualifications of Representatives and de
clares that tie selectmen of towns or munici
pal officers of cities shall preside impartially at
such meetings, receive the votes of all the
qualified electors present, sort, count and de
clare them in open town meetings and in the
presence of the town clerk, who shall form a
list of the persons voted for, with the number
of votes for eacli person against liis name, and
shall make a fair record thereof in presence of
tiie selectmen and in open town meeting;’and
fair copies of tho lists of voters shall be at
tested bv the selectmen and town clerks of
towns altd the assessors of plantations and
sealed up ill open town and plantation meet
ings, and the clerks of the several towns and
plantations are to cause the same to bo deliv
ered into office of the Secretary of State thirty
days at least before tbo first Wednesday of Jan
uary annually; and the Governor and Council
shall examine tho returned copios of such lists,
aud twenty days before tbe first Wednesday of
January shall issue a summons t» such persons
as shall appear to bo elected by a plurality of
all the votes returned, to attend aud take their
WHAT THE STATUTES REQUIRE.
So much for the Constitution. Supplemen
tary to this the statutes provide (chapter 4, sec
tion 33) that in order to determine the result of
any election by ballot, the number of persons
voted for shall first he ascertained by counting
the whole number of separate ballots given in,
which shall be distinctly stated, recorded and
returned. Blanks are not to he counted as
votes, and votes for persons not eligible to the
office shall not be counted as votes, but the
number of such blanks and the number and
HiilUCD UJ1 UiillUlO lin pciouiw vn^twiv
bo recorded, aud returns made thereof. These
provisions of the Constitution and the laws ap
ply to cities as well as towns and plantations,
and impose upon them—tiiat is, the municipal
office^- the duty of examining and comparing
tho lists of votes given in tiie several wards, of
which the city clerk shall make a record, and
return thereof shall be made in the samo man
ner as selectmen of towns are required to do.
Such arc the plain aud unmistakable provis
ions of the Constitution of this State, and in
tiie discharge of their duty of examining the
returns and issuing certificates or summons to
the parties appearing to be elected, the Govern
or and Council have not only endeavored to
follow both the letter aud spirit of the Consti
tution and laws made in accordance therewith
as indicated by their own judgment, hut tho
advice of their duly appointed legal officer,
aided by tlio best legal talent ill tlio State.
And hero let it he remembered that tiie de
cision of the Governor and Council is not tiual.
The Constitution makes tlio Senate and Houso
of Representatives respectively tiie final ar
biters of tiie election of their own members.
All tlio lists or returns which have been con
fided to tho Council are to be laid before tlio
Senato aud House of Representatives on the
first Wednesday of January, annually, and
they shall finally determine who are elected.
DUTY OF THE GOVERNOR AND COUNCIL.
With these directions and requirements be
fore them, what is the Governor and Council
required to do? To examine those returns, as
certain tlmir validity and compare them with
tiie provisions of tlio Constitution and the law.
Aud first, they must have been sealed in open
town meeting and in jiresenco of tho Select
men, and by necessary implication must come
into tlio hands of tho Governor aud Council in
that condition. Secondly, they must be genu
ine returns, coming from bona fide towns or
plantations legally constituted and organized.
Tbirdlv, they must be signed by tiie legal offi
cers of tho "towns—that is, as decided by the
courts, by a majority of tlio municipal officers
of a town or city—and certified by the clerk.
Fourthly, they most contain a statement of
tiie whole number of ballots cast forthe officers
voted for and the office for which lie was voted
to fill. Fifthly, the name of eacli person voted
for, with the number of votes against his name
that were thrown for him. Sixthly, the names
of tiie officers signing the returns must be writ
ten with their own bunds fiis per judicial de
cision, 08 Maine, page 5S7.) Applying these
rules to tlio various returns, a tabulation of
the persons voted for the different offices with
tlio votes each has received determines tlio re
sult. ill the inspection of returns and tabula
tion of the same, which lias been completed by
myself and Council, it has been our purpose to
apply to every return the same rule, to wit;
Compliance with the requirements of the Con
stitution aud tlio law, without fear or favor;
and if tiie result as to the political complexion
of the Legislature is different from what was
claimed by politicians Interested in influencing
the elections in other States, it is owing in part
to tho fact that the claim was unfounded, aud
in part to tho carelessness of municipal officers
in making their returns.
FATAL DEFECTS IN THE RETURNS.
Tho truth is, tho popular vote was against
tho Republican party, and in the Representa
tive and Senatorial districts the vote was ex
tremely close. In addition to the fact that sev
eral persons fail to receive their certificates in
eousequeuce of “fatal defects” in the returns
from their towns or cities, there are others
who wnvhi iiavo been presumably elected but
for tho carelessness of the voters themselves or
the ignorance of the candidates or those who
provided ballots at the elections. Tho judges
of our Supreme Court have -decided that bal
lots cast for William II. Smith and W. H.
Smith are ballots to be counted separately. Sev
eral changes have resulted from this condition
of affairs. In one county, persons with as many
as four different combinations in initials re
ceived the Republican vote and two the Dem
ocratic That county was entitled to only one
Senator, and there was no alternative hut to
give the certificate to the person having the
highest number of votes. In tho Danforth
District, already notorious, tho name of tho
Republican candidate was Charles A. Rolfe.
The town of Danfo/th voteu for Charles Rolfe.
Tho result was that his competitor received tho
certificate, and from like causes other oliauges
THE LAWS STRICTLY OBEYED.
The great hue-and-cry about “conspiracy,”
“fraud,” etc., arises from the fact that we have
taken the Constitution for our guide, fortified
by tho opinions of tho Supreme Court of the
State and the advice of several of the foremost
legal gentlemen of the forum, and have not
permitted substitution, alteration or unauthor
ized amendments of the returns transmitted to
us for examination and by us to be transmitted
to the Legislature for their final action. In
other words, we have not resolved ourselves
into a returning board to investigate fraud,
bribery, illegal proceedings at the polls, and
the tbousaud-and-one charges of corruption
that are alloat. but have left this whole matter
to the action of the Legislature, where it prop
erly belongs. The Governor and Council have
[ recognized the fact that tho people of Maine
have adopted a Constitution and declared it to
l»e the supreme law of tho State. They have
; followed its requirements with fidelity and im
partiality, and when an intelligent public have
brushed away the mists *nd false colorings
which enraged and discomfited politici.tn* have
thrown around our action, and tho vitupera
tion and slander that has been heaped upon us
i .. •_ . i. *__
any condemnation of our course, either by the
Democracy of the nation or any fair-minded
aud honorable politicians of any party, will be
acknowledged with due, submission.
Augusta, Dec. 20, 1S79.
Another Independent Opinion.
The Chicago Times Denounces tho Execu
If the executive may exercise the despotic
office of a personal sovereign by ..decreeing
what persons shall compose the legislative
body, what virtue is there iu any form of rep
This question is brought practically home to
every American aitizen by the high-handed
outrage that lias been commuted by the execu
tive of the commonwealth of Maine. Usurp
ing the fundamental right of oach legislative
chamber to he the sole aud exclusive judge of
tho election and qualifications of its own mem
bers, the executive lias assumed to “count out”
a .sufficient number of tho members returned
by his political opponents, and to “count in” a
sufficient number of his own partisans, to trans
fer tho majority in both chambers from the
former to the latter, It is claimed that this
has been done by authority of law. Tho law
specifies certain technical modes and forms of
making up the election returns. Tho returns,
made according to such legal specifications,
are required to be delivered to the Secretary ef
State, a subordinate officer of the executive.
The Secretary is to opeu thorn in the presence
of tho Governor and Council. These function
aries, with tho Secretary, constitute tho “re
turning board,” whose office is to canvass the
returns and ascertain tho result. The law
then provides that the executive shall
issue certificates of election to the persons
appearing to have a majority of the votes in
the returns Such certificates are primu facie
evidence of the election of the persons to whom
they are issued, and tho persons holding them
are supposed to be the only persons capable of
organizing the legislative chambers, aud when
so organized, the only bodies having the right
to judge of tho election and qualification of
their own members. It is claimed that tho ex
ecutive, in canvassing the returns, may exer
cise the discretionary power of judging wheth
er the terms and forms of law have been ob
served by the election officers, and if, in the
judgment of the executive, they have not been
strictly observed, may throw out such as ap
pear to be informal Upon this claim it is pro*
tended that the executive of Maine has counted
out his political opponents and counted in his
political friends by authority of law. * * *
A Republican government 19 a representa
tive government. Absolute freedom of tho
electoral people to constitute a representative
legislature, and of the representative legisla
ture to determine all questions that may arise
as to the election and qualifications of its
own members, aro of the vita! esseuee of a Ke
publicau constitution. If there be in the con
stitution anj other organ or body that may de
termine the election of representatives, such
other body is master over that assembly which
is the represented body of the people them
selves. If the executive possess a discretionary
power to reject the returns of votes given for
representatives, for alleged informality or up
on any pretense whatever, then it is plain that
the executive has power to disfranchise ths
electors, to defeat the will of the people, and
to substitute his own personal will. If the ex
ecutive, by the name of a returning board, or
any other, may thus determine, or.in any way
control, the composition of the legislative, it is
plain tiiat the executive servant of the law
may prescribe conditions out of his own will to
tlie makers of tho law, and so, instead of the
servant of the State, make himself absolute
master of the State, “by authority of law. If
the executive may determine what persons
have been elected to represent the people, or
may designate those who alone may partici
pate in the organization of their legislative
chambers, of course he may compose the legis
lative according to his own will and make him
self in reality the legislative as well as the ex
ecutive. Precisely this is the way that some
modern despots have comtrived to rule abso
lutely under the forms of representative iusti
tut ions. • ..
Any system which permits tho executive or
any part or organ of the constitution other tha»
the legislative chambers to exercise any dis
cretiou in canvassing the returns or votes gneu
for representative* of the people, is wholly ir
reconcilable to an4 eternally at war with the
most vital principle of Republican government.
That principle permits no exercise of judgment
in any degree upon the election or returns of
the election of tho legislature. The legislative
houses are the sole and exclusive judges of the
election and qualification of their own mem
bers. Their right of exclusive judgment goes
to every step, process, form, and act of the elec
tion, and excludes wholly all other right or
power of judgment thereon. No returning
board can peform any but a purely ministerial
oliiee. It can only examine and certify the
facts that appear on tho face of the returns.
It cannot go behind the papers before it. nor
judge whether tho contents of those papers aro
formal or informal, according to law, or not
according to law. That judgment is for tho
legislative chambers only—not legislative
chambers composed of persons “counted in
by the judgment of the executive npou the le
gality or illegality of election returns, but of
the persons who appear on the face of the re
turns to have received the greater number of
votes. Though every rote given for them may
have been illegally given, and though every
return of such votes may appear to he informal
and technically contrary to law, these aro mat
ters upon which the principle of legislative
government will permit no person or body of
persons, other than the representatives of the
people, to sit in judgment. This is the vital
essence of Republican liberty, which can not
he defeated upon the pretense of executing its
forms. The plea which was set up by one par
ty in 1870, on behalf of executive absolutism
in South Carolina, and is uow set up by the op
posite party on behalf of executive absolutism
iu Maine, that, prior to an organization of the
chambers the executive may judge and decide
wfiat persons have a right to organize them is
just as repugnant to the Republican principle
as was the executive absolutism exercised by
Charles I. and the carpet-bagger governor of
1, uisiaua ill forcibly ejecting members from
tboir seats after an organization baa been ef
fected. in an able review of tbo executive
usurpation of tbo legislative prerogative in
Louisiana iu 1872 and 1874, Judge Copley
(whose eminence as a writer on constitutional
law is universally recognized) held tbe follow
“Although the returning board are to judge of the
election of members, and return only such as they
decide upon, it may be said that this leAves the
House at liberty afterward to review their decisions,
and to seat and unseat according to i s own judg
ment. But conceding this right, the House that
might do this would bo, or might be, not the House
chosen by the people, but the (louse composed of
persons certified to by the returning board, who
alone, under the act, would be permitted to partici
pate in the organization, ami who, under the pres
ent condition of thing* iu Louisiana, might reasona
bly be relied upon to to ‘tix inbigs,’ ihat the :eal
House would never be permitted to exerc ise its con
stitutional right. The ill members of whom the
House is composed might, to any extent, at the op
tion—or, conceding lbs fairness of the board—ac
cording to the judgment of this board, be set aside
for others who were not chewan- and *>«*. on* of them
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