The undersigned, in examining this subject, is of opinion that Mr. Carter had not sufficient notice to require him to answer to the remonstrance of W. P. Smith et als. ; but that if the remonstrance was legally before the house and committee, upon the facts proved, said Carter is not entitled to a seat in this house. CHS. M. MORSE. STATE OF MAINE. Resolved, That Henry Carter, not having resided in 2 Portland for three months next before his election, 3 was not eligible to the office of representative of said 4 city, and is not entitled to a seat in this house. Resolved, That having 2 received the greatest number of votes for the third 3 person to be chosen as a representative of the city of 4 Portland, on the eleventh day of September, 1848, is entitled to a seat in this house. 5 REMONSTRANCE OF WENDELL P. SMITH AND OTHERS, AGAINST RIGHT TO A SEAT OF HENRY CARTER. To the honorable the House of Representatives of Maine, next to be assembled at Augusta on the ninth day of May, A. D. 1849. Respectfully represent the undersigned, citizens and legal voters in Portland, in the county of Cumberland, that Henry Carter has been duly returned a member of said house; that the said Carter was not for the three months next preceding the time at which he claims to have been elected, a resident in said Portland. The undersigned further respectfully represent, that James T. McCobb of said Portland, who has not been returned a member of said house, is one of the persons, not exceeding the number to be voted for at said election for said office, having the highest number of votes (the votes given for said Carter not being counted,) for said office at said election. Wherefore, the undersigned respectfully remonstrate against the right of said Carter to a seat in your honorable body; and claim that said McCobb be declared elected, and entitled to a seat therein. WENDELL P. SMITH, LORENZO DE M. SWEAT, City Committee. P. F. VARNUM, EDWARD HINDS, [COPY.] To Henry Carter, Esq,, of Portland, County of Cumberland. You will please take notice, that the undersigned, citizens of Portland aforesaid, and at the time of the last annual election of members of the house of representatives in this state, electors for representatives from this district in the state legislature, intend to contest before the house of representatives of this state next to be assembled, your right to a seat therein, you having been returned as a member thereof; and that our objections to the validity of such return are that you had not been, for the three months next preceding the time of your election, a resident of the city of Portland; that being the district for which you have been returned. You will please further to take notice, that the undersigned will claim before said house of representatives, that James T. McCobb, Esq., has a right to a seat therein; he being one of the number of persons voted for at said election, not exceeding the number of persons voted for at any one time, for said office, having the highest number of votes for the same. EDWARD HINDS, WENDELL P. SMITH, TOBIAS WILSON, Portland, April 9, 1849. CUMBERLAND, Ss.-April 10th, A. D. 1849. City Committee of the Democratic Party. I this day gave the within named Henry Carter the original notice, of which the within is a true copy, CUMBERLAND, Ss. ROBERT A. BIRD, Dep. Sheriff. Sworn to before me, CERTIFICATE OF THE TREASURER AND COLLECTOR OF PORTLAND. I, WILLIAM LORD, of Portland, Cumberland county, Maine, hereby certify, that I am, and for the last ten years have been treasurer and collector of taxes for the city of Portland-that I have carefully examined the books relating to the taxes of the city for the year 1848, '49, (beginning May 1, 1848,) that the name of Henry Carter does not appear upon those books; and that the said Henry Carter was not, the said year, taxed in the said city. WM. LORD, Treasurer and Collector. Portland, May 5th, 1849. The above certificate of William Lord is agreed to be admitted, in the same manner and to the same effect as if the deposition of said Lord had been duly and legally taken, in the matter of Wendell P. Smith and others, remonstrants against the right of Henry Carter to a seat in the house of representatives of Maine to be held at Augusta on the 9th instant, not waiving any objection to the insufficiency of notice that my seat was to be contested. HENRY CARTER. Portland, May 5th, 1849. DEPOSITION OF RICHARD K. HUNT. I, RICHARD K. HUNT, of Bridgton, in the county of Cumberland and state of Maine, of lawful age, depose and say, that I was collector of taxes for the town of Bridgton, for the municipal year 1848. In the tax bill for said year, the tax assessed on Henry Carter, Esq., was as follows, to wit: One poll, Real estate, 1,00 14,40 22 |