The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1867-10-25
EDITORIAL CORRESPONDENCE.
Aueu.rA, Oct o, 1867.
Yo.x COUNTY ELECTION.

nokA N0tNhh k&-~As~@'
There is no question Mt tho Presen, time
more interesting to aYork county man
than the question Of his county election
So, I have made tho usual inquiries and'
like all Others. got no satisfactory answer
because no one knows any more about II
than tho inquirer. since by the Law oil 1854
the returns canno, DO opened until Decem-
bur. Tho result Of the balloting we oil
know-so senators are elected. A county
ticket is elected, but which is the lawfully
elected ticker, remains for the Governor and
Council to decide. There were many AMI
gross iniormalities in our town elections
which cannot be overlooked, and the un
lawful proceedings Of the copperheads IN
the town Of York will undoubtedly cause
the certificates Of election to be given to
the Republican nominees. There the cop.
perhead ballot had upon il the political
name OF the ticket and The date.
Where is tho remedy against violations
of law in conducting elections, and who Is
TO apply the remedy? Are those votes IN
York fraudulent, and if so, can they be
thrown out, and what is the authority to 50
discard them' Section 22d. Of CHIP. ! oil
the Revised Statutes says:
.No ballot shall he received at any election
Of State or town officers, unless in writing OF
printing upon clean white paper without any
distinguishing mark or figures thereon, besides
the names Of the persons voted for, and inc
Office to be filed, but no vote shall be reJectee'
on this account after IL Is received Into the BAL
lot box"
Those ballots in York had distinguishing
marks upon them, and thus were fraudulent
votes. Upon this point there cannot be two
opinions. But such were received, and the
section says, when once received no such
vote shall be rejected. Il is claimed that
the negative therein contained is final, and
when once vote so distinguished is put
into the ballot box, there is no power to
throw il out. Such method Of reasoning,
however, 10 not only contrary to well set.
lied principles Of law. Us applied to the con
str,,ction of statutes, bur is subvcrsivc OF
established justice, and, because OF both
these, should not obtain. All laws contain
ing sentences or sections Of doubtful mean
ing, arr to be construed by tho law taken rs
n whole AMI not as part. The chapter in
which is found this I'D. section, relates en-
,rcly to the duties Of municipal anil town
officers in preparing for and conducting
elections. Its hardly reasonable to argue
that these officers are the supreme judges
Of elections, or that the law gives their dc.
cisions finaliiy in any case not in strict
conformity to statutory provisions for such
authority would be dangerous and have rs
many different interpretations rs there were
town and municipal officers. II this view
be correct. we must look for higher au-
ihority to decide whether tho voters have
given lawful expression to their opinions.
Tho authority Of the Legislature Of the cleo
ton Of is members is constitutional and
"'e'o'''c S"p'e'''0 '"' ~ '"' e'"'" "
o"'e' ''''''' "'' ''''''0' ''''' e'
Hero Is definite rule laid doWn-No
ballot shall be received win certain u's'n'
gushing marks upon il. Ballots thrown
contrary to this express provision, are not
votes w''hlh the P"i''o" VI ','e ~" "e.."'
ing wn"' sun" '"''""'' o'"o ~,
'hey are ""'a",'' VI "a''"e'' '"eo wy.
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