Ellsworth American., 1875-12-16
Meeting of Governor and Council =
Opinion of Supreme Court.

AUGUSTA. Dec. -.
The Governor and Council met this alter
noon 10 complete the canvass of votes for
Senators. Representatives aud county oiiic-
ers, and issue certificates to such persons
as appear to be chosen.
4 communication was received from the
Chief Justice in answer to the following
questions. prspouuded to the Supreme
Court at the previous session of the Coun-
Gil -
First.-ln the discharge of their duties as
canyassers of lists of votes returned TO the Of
ice Of Secretary OF State a. required by law
can the governor and council include in the
number of votes for William III. smith. for eN-
ample. such other vote, for the same Office a.
are for ". II. Smith:-Answer No.
second-Can the Governor and Council in
clude in the number of votes for William H.
Smith. for example. such other votes tor the
same office as are for William Smith s-An.-
wer, No.
Third.-W hen the selectmen and clerk of anv
town shall make d return of lists Of votes given
in such town, showing that William H. smith
and W. ii. Smith received votes for the same
Office, and accompany and seal up with such
return certificate which satisfies the Governor
and Council that William II. smith and W. H.
Smith are one and the same person, can the
Governor and Council count the votes for W.
h. smith a. for William IL. Smith!-Answer
No.
Fourth.-Can the Governor and Council re-
ceive evidence showing that the return OF otes
cast in any town for senator or Representative
to the Legislature. does not agree with the rec
ord made by the clerk of such town and allow
the return 10 be 30 amended cd:-Answer. No.
Fifth.-Docs person elected 10 ill a vacan-
cy in the Office o: register Of deed-. hold the po-
sition only for the remainder OF the term for
which the prior register WA. chosen. or for
iulI term OF five years. Answer, Remainder
OF term.
The Chic: Justice saws that the formal
opinion of the court will be laid be-
fore the Governor and Council IN a .ew
days. and in the meantime he states that
the court unanimously answer the ilrst
four questions in the negative. Votes bear
Ing the initials of a candidates Christian
name cannot he counted with others bear
ing the name in full.
As ulder the statutes the Governor and
Council finally decide,the election OF coun-
~ officers. they have therefore declared
Leonard Fisher lrep.) elected commission
er. and lgna,ius Sargent rep elected
treasurer OF Washington county. as a por-
tion of the votes for Melbourne II. Wilder
dem were givel~n for VI. II. Wilder. In
the case OF treasurer. a portion oi the votes
intended for Rufus I. Crane DEM were
cast for Russell I. Crane. In the case Of
t0AAAN t4ilttiS INC ArtN fEUtlE ANA I AAlNtaA
may receive evidence t. show that the re-
turn doe, not agree with the vote, actually
gwen in: bu; in the case OF Senators and
Representatives 10 the Legislature. the
Governor aud Council. In issuing ccrtid-
Gates. must be governed entirely 10y the re-
tUras. "a, the senate and House have the
power Of deciding who are entitled to
seats.
The Court. it viii be seen. also hold that
municipal officers cannot accompany their
returns with any certificate modifying or
exp aiming the ballots actually given iu
and that vote with q middle initial omit
Tel cannot be counted by the Governor aud
Council with other vote, where the middle
initial j. given.
his decision affects the Brilgtou, Va
tcryI!!e and Belgrade Representatives, and
the Lincoln and one OF the Somerset Dr.
stevens senator: and possibly two or
three other Representatives 50 tar a the
issuing %: certificates hy the Governor and
Council 4, concerned. The Senate and
House. however. are not held 10 these
rules. aud may declare elected such ScnA-
tors and Representatives a. they are salts
fed the people intended to choose. In the
case OF county officers. however. there i
no remedy. Hereafter, therefore, Il will De
important 10 see that the name OF caudi-
date : printed alike on all ballots intended
for him.
The Court also hold thst person elected
Register OF Deeds. 10 ill a vacancy. hold,
only for the remainder Of the term Of The
predecesso. whose death or resignation
created The vacancy. This settles that Mr..
Greene. elected Register OF Deeds in East
ern oxford. 10 Ill the vacancy caused by
the death Of Mr.. Newell. can serve ouly
I've years. The same rule hold, with va
caucic, In the Office OF fCoauty Commits
er and Treasurer: but IN the case OF Judge
and Register Of Probate the vacancy D.,
filed tor = full term.
Richard II. Moody dem receives the
position ot County Treasurer OF waldo
county. Is his votes proved to be all right
-eyiIcucc having been introduced 10 show
that the III" WAS omitted from h.s name
by mistake iu making the returns iron
Unity aad Prospect Lewiston journal.