Daily national Democrat., 1858-09-14
Returns Not Legally Made.

Among the requirements of the statute
regulating elections, are the following:
'As soon as all the votes are read off and
counted, a certificate shall be drawn up on
each of the papers containing the poll list
and tallies, or attached thereto stating the
number of votes each person voted for has
received, and designating the office to fill
which he was voted for which number shall
be written in words at full length. Each
certificate shall be signed by the clerks, the
judges and Inspector; one of said certificates
with the poll list and tally paper 60 which it
is attached, shall be retained by the inspec-
tor, and indorsed election returns" and be
directed or delivered, or sent by the inspec-
tor to the County Clerk of the county in
! which the election is held.
The said package shall be delivered to the
County Clerk by one of the Judges or clerks
of election in person, or may be sent by pr-
vate hand or 10y mail If sent by private
hand, the person delivering it shall, before
the County Clerk, take and subscribe an
efhdavlt that the package was delivered to
MN 10y one OF the judges, naming him, that
1t has not been out of his possession since it
was received, and has undergone no altcra-
ton while in his possession. The affidavit
shall be endorsed on the package. If sent
10y mail, ii shall be mailed By one of the
JHdgeS, and the postmaster shall make on at an
endorsement that he received it from one of
the judyes, naming him"
Such is the law. Now, there were three
precincts returned in the late election, Straw
berry Valley, Slate Range Bar, and Dob
bins Ranch, without the endorsement so
peremptorily required by the statute. The
returns were received by mail, but they con
taincd no endorsement by the Postmaster,
that he receiredhem from, one Of the .j,tdgcs
The law says that they shall be thus endors-
| ed, The inference is, of course, irresistible.
that, if they are not thus endorsed. they are
not to be considered legal returns. Despite
of this insutficiency in the returns the ma
jority of the Board of Supervisors concluded
to receive them, and the votes were counted.
A question, now, arises, as to whether this
action of the Board of Supervisors can be
justified. Have they a right to 90 behind
the plain letter Of statute? Are they not
governed by the law, and did they not vio-
late the law in this case? Well, this is a
matter for the public to judge of, or the LIE.
gislature in case Mr.. Auds seat Is contested.
or the proper legal tribunal in this county,
if Mr.. Whitcombs seat is contested. We
have given this subject a very cursory exam
nation, but it seems to US quite plain. that
the Supervisors, who decided to open these
returns and count the votes, did so without
that due warrant of law which men. in the
discharge of so grave and important DUTY.
should be well satisfied that they have before
proceeding in matters of such vital moment
If we are wrong, We stand ready to be con.
yinced, by proper demonstration. of our
error. The question, in our mind, reduces
''S0lf simply to this: Can the Board of Su.
pervisOrs declare solemn enacrnIrut ,,f a.,
Legislature a nullity? The law says Ger.
tain thing is necessary. Can the Supervisors
say, it is not necessary? If returns are not
made out in accordance with law. are they
not illegal? Is not one requirement of the
law governing elections as binding as an
other? If the law says, in one place, as it
does, that the judges and inspector shall be
sworn, before proceeding to the duties of
their office, is that requirement any more
binding than another part of the same law
which requires that when returns are mailed.
they shall have the endorsement of the post
master that they were mailed by one of the
Judges? Is an omission in one case more
fatal than in another? We cannot see why.
There is always an object in every enact.
ment, and in every part of an enactment.
The object of the statute under considera
ton is to guard the purity of elections, and
especially to prevent bogus or unreliable re-
turns. The endorsement of the postmaster
Is required, in order that the Board of Su
peryisors may be satisfied that the returns
are genuine, or that they have not been de-
posted by an unauthorized or irresponsible
person, who may have tampered with them
while in his hands, and changed names or
altered figures. Without this endorsement
OF the postmaster, there is no guarantee that
the returns have not been materially altered
and the whole result Of the election changed
The absence of such an endorsement involves
fearful risk, and the statute would never
have required the endorsement, had it not
been deemed essential to the VALIDITY of the
returns But, no matter what the object of
the law may have been, the requirement
being there in plain language in the statute,
can the Board of Supervisors nulliy it? We
should like to see a satisfactory explanation
of this business.
CmNEsE ENTERPRISE. on the
Trinity, says the Trinity Journal, have done
some admirable work, fuming and wing
damming. They make up in numbers of
workmen what they lack in invention and
strength. At Point Bar company of them