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Primaries The direct primary law governs the nomination of all county, state and national officers. Each party holds a state convention, first to formulate and adopt a platform, and second to elect state, district and county committees by whom the primary elec- tion campaign for the nomination of candidates and subsequently the reg- ular election campaign are conducted. These state conventions are held at such places and on such dates between sixty and ninety days prior to the third Monday in June as the state committees shall determine and announce. They are made up of delegates elected at caucuses of the dif- ferent parties, regularly called by the city, town and plantation commit- tees throughout the state. The primary election takes place on the third Monday in June, between the hours of 12 o'clock, noon, and 9 o'clock at night, except in towns and plantations of 3,000 inhabitants or less, where the polls will be open from 9 A. M. to 6 P. M. It is held at the regular
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voting places throughout the state and all the political parties unite in one primary election at the same time. Each political party has a separ- ate ballot and each party ballot differs in color from the other. The pri- mary ballot of the party casting the largest number of votes for governor in the last state election is white; that of the next largest party is yellow; that of the third, blue; the fourth, green; and the sample ballot is brown.
Each candidate for office must file with the secretary of state, before the third Monday in April preceding an election, a nomination paper signed by qualified voters, of his party, in number not less than one per cent nor more than two per cent of the entire vote cast for governor in the last preceding election in the state, district, or county wherein such can- didate is to be voted for. No nomination papers can be signed before the first day of January preceding the election. All nomination papers must be completed and filed in the office of the secretary of state before the third Monday in April. The candidate's written agreement to accept the nomination must be filed with his nomination paper. Whoever expends money or contracts liability to aid in an effort to secure the nomination of any candidate without his knowledge or consent forfeits $500 to be recovered by indictment.
At the primary election only voters who have properly registered before the primary election occurs are qualified to vote. In addition to registration each voter must be enrolled as a member of some political party. Any registered voter, however, who has not been so enrolled may be enrolled on primary election day by the ballot clerk. In towns and plantations having less than 2,000 inhabitants this is not required.
The returns announcing the result in each city, town and plantation are made by the clerks to the secretary of state within seven days from the date of the election. The governor and council on or before the first Tuesday in July, must tabulate the returns in the office of the secre- tary of state and determine what persons, for each office, have been nom- inated, by each party, as candidates to be voted for at the September election.
The successful candidates are notified at once, by the secretary of state, by registered letter; and such candidates must notify the secre- tary of state of their acceptance, by registered letter, within seven days after being notified, and send therewith a statement of expenditures, in securing the nomination, properly subscribed and sworn to.
In case of nomination for any office to be voted for by the whole state, as governor or United States senator, the amount expended must not exceed $1500; for members of Congress, $500; for state senators and county officers, $150 for each 10,000 votes cast for governor within the county at the last preceding election; for members of the legislature in
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districts having three or more representatives, $100; in all other districts, $50. To exceed these limits forfeits the nomination.
No person other than a "political agent" may legally pay any of the expenses connected with the candidacy of any person in the primary elec- tion except that a candidate may pay his actual personal expenses. Can- didates may act as their own political agents or they may appoint another person to serve in that capacity. In either case no money may be legally spent or liabilities incurred unless the candidate shall first have notified the secretary of state of his intention to serve as his own political agent or shall have filed a notification of the appointment of another person to act as such.
Naturalization The following courts have the power to naturalize aliens: United States District Courts in the states and territories ; also all courts of record in any state or territory having a seal, a clerk and jurisdiction in actions at law or equity, or law and equity, in which the amount in controversy is unlimited. The power to naturalize is limited to persons residing within the geographical limits of the respective courts.
An alien, white, or of African nativity or descent, is required, if he desires to become naturalized, to file a declaration of intention .in the clerk's office of a court having jurisdiction, and such declaration may not be filed until the alien has reached the age of 18. This declaration must contain information as to the name, age, occupation, time and place of arrival in the United States and must further show it is the declarant's bona fide intention to become a citizen of the United States and to renounce forever all allegiance and fidelity to any foreign prince, potentate, state or sovereignty and particularly to the one of which he may be at the time a citizen or subject.
The widow and children who are under age at the time that an alien who has made his declaration of intention has died without having secured a certificate of naturalization, are exempted from the necessity of filing a declaration of intention.
Not less than two years after an alien has filed his declaration of intention, and after not less than five years' continuous residence in the United States, he may file a petition for citizenship in any of the courts which has jurisdiction over the place in which he resides, provided he has lived at least one year continuously, immediately prior to the filing of such petition, in the state or territory in which such place is located. This petition must be signed by the petitioner in his own handwriting and shall give his full name, place of residence, occupation, place of birth and date thereof, the place from which he emigrated, and the date and place of his arrival in the United States. If such arrival occurred subsequent to the passage of the act of June 29, 1906, he must secure a certificate from the Department of Labor showing the fact of such arrival and date and place
ยท
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thereof, for filing with the clerk of the court to be attached to his petition. If he is married he must state the name of his wife and, if possible, the country of her nativity and her place of residence at the time of filing of his petition, and if he has children, the name, date and place of birth and present place of residence of each living child. The petition must set forth that he is not a disbeliever in or opposed to organized government, or a member of or affiliated with any organization or body of persons teaching disbelief in or opposition to organized government, that he is not a polyg- amist or a believer in the practice of polygamy, and that he absolutely and forever renounces all allegiance and fidelity to any foreign country of which he may, at the time of filing such petition, be a citizen or sub- ject. This petition must be verified at the time it is filed by the affidavit of two credible witnesses, who are citizens of the United States and who shall state that they have known the petitioner during his entire residence (not exceeding five years) in the state in which the petition is filed, which must be not less than one year, and that they have known him to be a resi- dent of the United States continuously during the five years immediately preceding the filing of the petition; that during such time he acted as a man of good moral character, attached to the principles of the Constitution of the United States and well disposed to the good order and happiness of the same. If a portion of the five years has been passed by the petitioner in some other state than that in which he resides at the time of filing his petition the affidavit of the witnesses may verify so much of the peti- tioner's residence as has been passed in the state (not less than one year), and the portion of said five years' residence out of the state may be shown by depositions at the time of hearing on the petition.
No petition may be heard until the expiration of at least ninety days after it is filed nor within thirty days preceding a general election. At the hearing upon a petition, which shall be at a date fixed by order of the court, the witnesses are required to again attend and testify in open court so that the judge or judges thereof may be satisfied that the peti- tioner is qualified and that he has complied with all the requirements of the law.
New Voters Every person whose name has not been entered upon the voting list in any municipality, must, if he desires to vote, appear in person at a place provided for registration and prove that he possesses all the qualifications of a voter. In cities having three thou- sand or more inhabitants a board of registration is appointed to make up, correct and revise the list of voters in each of said cities. In all cities having less than three thousand inhabitants the municipal officers make such list, exercising the same powers and being governed by the same laws as municipal officers of towns having five hundred or more registered voters. The assessors transmit to this board, on or before the first day
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of July in each year, lists containing the name, age, occupation and resi- dence on the first day of April in the current year, and his occupation and residence on the first day of April in the preceding year, or of his becom- ing an inhabitant after said last named day, of every male person twenty- one years of age and upwards who resides therein and is liable to be assessed for a poll-tax. Copies of these names, arranged by wards or voting precincts, and by streets, are filed by the assessors with the board or registration on or before the fifteenth day of July in each year. The board of registration then enters on the voting lists the name of every person assessed a poll-tax for the current year. The board prepares ward lists of voters of such persons as appear to them to be legally qualified voters, at least thirty days before any election, and places upon these lists all the names which appear upon the voting lists for the last preced- ing year, except the names of such persons as have died or ceased to reside therein since that time. The city clerks post certified copies of these lists at or near the several voting places at least twenty-seven days prior to an election. The board of registration is in session for twelve secular days prior to an election in cities of not less than nineteen thousand inhabitants ; in cities of not less than thirty-five thousand inhabitants, for sixty secular days; in all other cities, five secular days. If the board of registration is in session twelve days, registration can be made during the first nine days; if sixty days, the first twenty days; if five days, the first four. In every town having more than three thousand inhabitants, the selectmen perform the duties of a board of registration and are in session for a reasonable time, on not more than two days between the eleventh and eighteenth days of August in every year. In all towns having five hun- dred or more registered voters, and in all cities having less than three thousand inhabitants the municipal officers are in session on the three secular days next preceding the day of election. The person wishing to register for the first time must appear before the board of registration or its equivalent and prove he is legally entitled to vote. He must give the full christian name and surname, or the full name or initial or initials of any other name or names he may have, date of registration, residence on the first day of April of the year of registration or on the day of his becoming an inhabitant after said first day of April, age, place of birth, date of birth, occupation, place of occupation, how long resident of the city, place of casting his last vote, married or single, residence of wife or family, where naturalized, when naturalized, in what court. An applicant under examination for registration will be required, unless prevented by physical disability, to read in the English language from an official edition of the Constitution and to write his name in a book kept for the purpose. A naturalized citizen is required to produce for inspection his papers of naturalization or certificate of the same from the court where he was naturalized.
CHAPTER XVII
DEVELOPMENT OF THE JUDICIARY
1607 The Plymouth Company was provided with a code of laws by King James. By the code a president and councillors were elected annually. They had the power to make all needful laws. They sat as a court for civil cases. For all criminal cases of importance a jury of twelve men was required. All cases had to be tried within the colony. Sir George Popham was the first president and with him were five councillors.
1606 There is no record of any organized government, except 1632 the existence of a magistrate, between 1606-1632. In 1632, under the New England charter of 1620, Aldsworth and Elbridge were granted a patent for the Pemaquid region. It was known as the Plymouth Company and was granted the power to appoint all gov- ernors and make laws (eight patents were granted under this charter). A representative form of government was established. The chief officers were elected by the people. The Plymouth Company surrendered this charter in 1635 and the king appointed commissioners to govern the colonies.
1636 Sir Ferdinando Gorges sent his nephew, William Gorges, to govern his colony called New Somersetshire. He estab- lished a court in Saco. Associated with him were six commissioners. This was the first legal tribunal in Maine.
1639 Charles I granted to Ferdinando Gorges a charter, creat- ing him Lord Palatine of all the territory between the Piscataqua and the Sagadahoc. He was then made absolute lord and proprietor of the Province of Maine. He established a legislative assem- bly of fifteen members, seven of whom constituted a court. All matters criminal and civil came before this court. Inferior courts were established in each county. There were also commissioners, or trial justices, for each town.
1643 Alexander Rigby purchased the Lygonia patent and insti-
tuted a government and courts. This created a division which was settled in 1646, making the Kennebunk the dividing line between Gorges and Rigby.
1652 Massachusetts took over the two provinces and named them Yorkshire in 1653. The civil and judicial regulation of Massachusetts became the order in Maine and continued until 1668.
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The judicial power was vested in their tribunals, the court of magistrates, consisting of the governor, deputy governor and assistants. It met semi- annually in Boston. The county court was held by the resident magis- trate in each county, assisted by four freemen. These were elected by the voters at the annual meeting, approved and commissioned by the leg- islature. This court held sessions in Maine twice a year. The third court had jurisdiction in all cases within the county where not more than forty shillings involved. This court was held by a single magistrate without a jury. A special commission was established for the Kennebec patent in 1654 and with a slight difference, the courts were like those of the rest of Maine.
1660 Charles II was restored to the throne. He appointed a commission which established new courts in the Gorges colony and also in the colony which had been created for the Duke of York. 1668 Massachusetts re-established her courts in Maine and con- tinued to exercise power under the charter of Massachu- setts. In 1678 Massachusetts purchased the Gorges patent and changed the government to harmonize with the charter granted to Ferdinando Gorges. Therefore they created a provincial president and two legislative houses, the lower to be elected by the towns, the upper branch of seven members constituted the supreme court. Former laws and precedents were to con- tinue in force.
1685 The colonial charter of Massachusetts was revoked, James II having succeeded to the throne. He commissioned Joseph Dudley president of Massachusetts, New Hampshire, Maine and Rhode Island. The president appointed fifteen commissioners to assist him. A majority of the council constituted the superior court; it was to sit three times a year for the whole country. County courts were held by a num- ber of the council assisted by an associate.
1689 The people revolted and took affairs into their own hands and formed a provisional government and resumed the administration of affairs under the colonial charter.
1691 William and Mary granted a new charter uniting Plymouth,
Massachusetts, Maine and Sagadahoc under one civil gov- ernment. The governor, lieutenant-governor and secretary of state were appointed by the crown, the legislative power was vested in two branches, a council of twenty-eight members and the house of represen- tatives. The judiciary consisted of a superior court, consisting of a chief justice and four assistants, court of common pleas, quarter sessions and justices court, and later chancery, probate and admiralty courts were added.
1780 Massachusetts having adopted a state constitution, changes were made in the judiciary, the superior court becoming the supreme judicial court.
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1800
The number of supreme judicial judges was increased to seven.
1804 The number of supreme judicial courts was reduced to five. 1805 A complete nisi prius system was established with five judges, one or more of whom held the trial terms and three the law terms.
1820
Maine having become a state, created a supreme judicial court of three members, any two of whom could hold court.
1823 The court was required to hold sessions in each of the twelve counties. In addition a term for jury trials was to be held by one of the justices in each county except four, Franklin, Piscataquis, Washington, Hancock.
1847 The number of justices was increased to four and in 1852 to seven. Since then it has been increased to eight, which is the present number.
1920 The supreme judicial court now has a chief justice and seven associate justices which are appointed by the gov- ernor for a term of seven years. Forty-four nisi prius terms with a jury are held by the justices in the various counties of the state. The supreme court when sitting as a law court is by statute composed of five or more justices, but in practice it is composed of the chief justice and five asso- ciate justices. The annual sessions of the law court are held in Bangor on the first Tuesday of June; in Portland on the fourth Tuesday of June; and in Augusta on the second Tuesday of December.
On account of increasing business, four superior courts have been established, one at Portland for the County of Cumberland; one at Augusta for the County of Kennebec; one at Auburn for the County of Androscog- gin; and one at Bangor for the County of Penobscot.
A court of common pleas was established in 1822. This court was superseded by the district court in 1839, and this court was abolished by the legislature in 1852 and its work transferred to the supreme judicial court.
The probate court established under the Massachusetts law was con- tinued under the constitution of Maine. In 1853 the office of judge and register was made elective with a term of four years.
The office of justice of the peace was continued as it had existed under the laws of Massachusetts. In 1860 their jurisdiction of trial of cases was taken away and the office of trial justice established for small cases, both civil and criminal.
Municipal courts are established by special charters, having jurisdic- tion ranging from $20 to $500 and the same criminal power as the trial justices.
CHAPTER XVIII
CHRONOLOGICAL RECORD OF EVENTS
986
Biorn (or Bjarn), a Norseman, first European to visit America, lands at Cape Cod.
1000
Lief and Norsemen, investigating Biorn's story, spend the winter near present site of Fall River and name the place Vinland.
1002
Lief's brother, Thorvald (Thorwald) visits Vinland and remains three winters.
1008
Thorfinn and his wife, Gudrida (Gudrid) also spend three years in Vinland. (Their son, Snorri Thorfinnson, was the first white person born on the American continent).
1121 Bishop Eirik (Erik, Erick) visits Vinland as a missionary. 1492 Christopher Columbus discovers America.
1497
John Cabot, first English explorer to New England coast.
1498 Sebastian Cabot explores entire New England coast. (On this voyage England based her claim of the New World from Atlantic to Pacific).
1500 Gasper Cortereal, for Portugal, searching for Northwest Pass- age, sails along Maine coast.
1524 Giovanni da Verrazano (Verrazini), for Francis I of France, makes extended examination of Maine shores.
1525 Estevan Gomez, for Charles V of Spain, seeking Northwest Pass- age enters many New England harbors.
1527 John Rut, for England, explores interior of Maine.
1556 Andre Thevet, for France, visits Maine and explores Penobscot.
1583
Sir Humphrey Gilbert, for England, explores Maine coast.
1602 Coast of Maine visited by Bartholomew Gosnold.
1603 Martin Pring makes survey of coast and larger rivers.
1604-5 Expedition of De Monts.
1605 Captain Weymouth kidnaps natives.
1606 First Virginia charter. Southern part of Maine included in grant to the Plymouth Company.
1607 Unsuccessful Popham colony at mouth of Kennebec. Building of first ship on American soil.
1613 Jesuit mission established on Mount Desert Island.
1614 Coast visited by Captain John Smith.
1615-18 Destructive war and pestilence among the eastern Indians.
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CHRONOLOGICAL RECORD OF EVENTS
1616-17 Richard Vines winters at mouth of Saco River.
1620 Patent of the Council for New England. The whole of Maine included.
1622 Grant to Gorges and Mason of the region between the Merrimac and Sagadahoc, under the name of Laconia.
1623 Permanent settlement made at Saco. Other settlements by this time at Sheepscot, Damariscotta, Pemaquid, Monhegan and a few other points.
1625 Trading post established on the Kennebec by Plymouth colonists. First Kennebec patent.
1627
1628
First charter of Massachusetts.
1629
Comnock's patent (Scarboro and vicinity).
Second Kennebec, or Plymouth, patent.
1630 Two Saco patents :
Lygonia patent (region of Casco Bay),
Muscongus patent (east of Penobscot), later known as Waldo patent.
1631
Pemaquid patent.
1635
Division of the territory of the Council for New England.
1636
Encroachments of the French, under d'Aulney, on the Penobscot. First organized government in Maine set up at Saco by William Gorges, nephew of Sir Ferdinando Gorges.
1639 Sir Ferdinando Gorges' charter of "The Province of Maine." Pejepscot tract (Brunswick and vicinity) ceded to Massachusetts.
1639
1641 First chartered city in America-Gorgeana.
1651
Massachusetts asserts its claim to Maine under the charter of 1628.
1652-53 Settlements in western Maine submitted to Massachusetts. Coun- ty of Yorkshire established. Gradual absorption of other settle- ments.
1653 First representation of Maine, then county of Yorkshire, in the Massachusetts General Court.
1661 Plymouth, or Kennebec, patent sold to John Winslow and others. 1664 Royal order directing Massachusetts to restore Maine to Ferdi- nando Gorges (grandson of original proprietor).
Eastern Maine included in grant to Duke of York, and known as "Newcastle," or the "County of Cornwall."
1665 Royal commissioners set up independent government in Maine. 1668 Massachusetts government resumes control.
1674 County of Devonshire (east of Kennebec) established.
1675-77 King Philip's war.
1677 Purchase of Maine by Massachusetts from Gorges for 1250 pounds.
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1678 Andros becomes governor, under the Duke of York, of New York and Sagadahoc.
1680 Government of Maine reorganized by the General Court.
1684 Massachusetts charter vacated.
1687 Andros governor of New England.
1688-99 King William's War. Settlements in Maine ravaged.
1689 Andros deposed and provisional government set up.
1691 Second charter of Massachusetts, including whole of Maine.
1697 Treaty of Ryswick. France and England both claim Sagadahoc (territory between Kennebec and St. Croix).
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