The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1867-12-06
ONE VIEW OF THE YORK BALLOT.

ed by the reception Of illegal oallots!-I
Our organic law rests all ultimate govern
mental powers in three departments, Legis.
lative, Executive and Judicial. four sys.
tenn has any just Claim to the panegyrics
il receives, one of these three must under.
lie every right, and afford redress for every
wrong. II results necessarily from this
triple structure of our form Of Government
that mn act Of one Of these three ultimate
sources Of authority, or which eau no, he
reviewed or passed upon. in some form,
by one Of these three. is not merely anon.
alous, hut impossible, nor can We conceive,
without confessing u defect, any merely
ministerial act, ofibe servants of the PEG.
Pile, which may not be somewhere judicial
l examined mot necessarily by the Judici-
airy, but by one Of the ihrec.) II this he
correct enumeration Of principle, thcn il fol.
lows that any net of public officer, to he
exempt from such REORGANIZATION, must,
in its character, be judicial aud not minis,e.
rial.
That the reception or rejection OF any
vote is merely ministerial act, should
seem to follow, from the well.known liabil.
ity Of Municipal Officers for wilful re-
lection Of lawfully rendered ballot III
Mass. $500 -lfa judicial act, then no lia.
ability could arise from its wiifully wrong.
fil determination upon suit Of tho party
neutrality-suspicious. only is the rem.
edy Is Johns. 44)-Thc receipt Of ballot
,riih Distinguishing marks" being pub.
lie official act. is either ministerial or judi.
cial.
What is n judicial az, = The first idea Of
il. is an net Of the Judgment: but every
such net is not u judicial act Lord Mans.
field says, ''t was taking The definition too
large to say that every nc, where the iudg-
ment is at all exercised, was n judicial act
judicial net relates TO matter in litiga.
ton" Oh. Kent cites this with approval.
Il would seem, then, to mean the deiernin.
alton of matter in dispute by some tribu-
nal exercising discretion, (Appleton, c. J.
in 80 Me $40, seems to add "upon which II
is bound to act.''l There must then bea
"matier litigaied" and room for the excr-
else of discretion. Had the Selecinen this
.e"r'y' he''"er' W. s'"'"'o Is P"' "''''
'"'''''''''s,." ",' ''''o'' ""' wv" 80"
'e'''' '""''"s'" "."''' wv ~ "''''"
."'o VIZ" ~. ."' ', ~" WV ~
"e 49, '7 !. - W W. - -,
'"s''''"S ''"'"'' wv" pv'""p' "'"''
nav. "'''" f''o" " '. "'
'"",''" WV IVA. =, -, ,'' ""' .' .a'e' N'
' SUE" eo"''o'.'' ""' W .o'" "a'' '''"'
LUG "''','' "sp' ~, e S"s
$50 $50 :" 0 ' -,
'I''' SUI" - -, =, ',, "o'"
~. ~ 49, 49,, ~ - A.: ., ~ A.
ny :. In, ~. ~, =, -, ,s.c,.,.,,s.
ofa ;,,d;c;,l ,c, f4l Me- o., In, hoy, we
no, decisive authority upon this question in
tho s,o,u,e itself? Secs. 81 & % Oh. a n.
9 .,;o;, o,Iv s,ch J,,;.s no ,rc m;,;s,..
rim, IN, nm, ,,,v u,,er .,,m;,,,;o, M
less 81 than ,bos, of us;ny tho check lis,
mud halo, box. Il seems mos, uu,nsvcr.
able. and sufficicn, alone TO determine lis
character. If no other LIGHT were to DO had.
tina, Secs SO & So stamp the receip, of
s,ch a ballot, an aoffense," and aflix a
penalty. A penalty for tho exercise Of a
;udicial net Is unknown. either by Common
Law or by Statue. Tina, there eau be no
liability, either private or public for the
s;mnle cxccutiye of judicial function NIL
,h. ,,,,,or;,;.s f,om I.or, Cola dov, cop.
go. N Ioh,. ao5 oc,sh a., I'll. co,.
- ,,,;,.,, . A.,
m..,,v ,,,;,;,,,,;,I oh,r,.,.r or tho ~, ~
81, ,,l,,,. a., S,,,,, 49,,
.u,,,. .a, ,,,,.;.ha.
""! w 'a"9 "'"'"' WIZ" ''o" ~ "''
force VI 'ho o'"'"'''' p'o"'''''' VI '"' ,o'
lecnon OF such 'o'es once rccc''eo' Inc
tl''e "' 'i'a' p'''' VI ..' c''"p''r =,
irocee"'"es ." h''e'''"',
MAKES 10 a''e"p' - ,o"''"' i'' u,"o' VI
- ~, U,--.,-
I',. 49,. ...,..:..-:., ,.,.,..-s
s"P' ','! y wv ,''0'" n''.o
'p" ~ WV" ''e -
'''e'''"S' '''' 'o''' ",s" "'"S''' "''
h"u power 10 re''e" ,ne,r wv" "c's o"eo
'''O'. ,.l ,., . 49,. - T.. s'...'
nus concerning "ec'S'o"S res''"s !" us '""
purely J""'e'o, "''e'e"'"'-a i"''"o"' "o'
20 % en.'"',e"'o wv instrument" ' no. - "'' :.
@h'Hs "" "''"o'