The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-09-13
"GOOD EASY READING"

THIS government rests upon the great constitu-
nonat o1iom shat all poacer is Inherent in the
people," "H is a government Of the people, By
the people and for the people," and If adminis-
tered in the spirit Of its founders, "it shall not
perish from the earth" Its constitution acas
formed, to use the apt expression Of one ghose
memory is enbalnaed in the hearts Of his coun-
trynaen, "by plain people," and plain people"
mast administer it. The ballot is the pride, as
soeH as the protection, of aH 1t is the truest IN
dtcdtion Of the popular aoiH. The official returns
required from the municipal officers of the seq
erdt plantations, toaons and cities, are and agW
be made By '.plain people," and made too, in
the harry and hustle and excitement of an elec-
tson They are not required to be Uritten aoith
he scrupuIous nicety Of writing master, or
aclth the technical accuracy of plea in abate-
'nent. The sentences MAY be ungran,naatical
the spelling may deuiate from the recognized
standard; but returns are not to be set at maught
because the penmanship may be poor, the Ian
gudge ungra'nn1dtical, or the spelling erroneous.
IL IS enough If the returns can be understood,
and # understood, full effect should be giuen to
their natural and obvious meaning. They are
thesr meaning to be distorted by carping and
captsous criticism. When that meaningis ascer-
tanned there should be no hesitation in giying to
at full effect. The language of Mr.. Justice Nor
ton IN Strong, petitioner, 20 Pick. 4S4, is pecul-
idrly appropriate to the subjects under discus
sion. "What," he asks, "shaH be the conse-
quence of an omission By the selectnen or toson
clerk topertorm any Of these (their) prescribed
duties and upon achom shall it .fall9 For nil
full neglect Of duty the officers acould undoubt-
edIy be liable to punishment. But shall the
aohole toaon be disfranchised by reason of the
fraud or negligence of their o6icers9 Thas
Dould be punishing the innocent for the fraud
Of the guilty; it aoould be more Just and more
consondnt to the ge1ails and spirit Of our insti-
tutions to irlict seUere penalties apoaa the nais-
conduct, Intentional or accidental, Of the eft
GERS, but to receiUe the uoteS aCheneUer they can
be ascertdiraed aciM reasonable certainty. limo
return or any imperfect one can be receiUed,
let it be supplied or corrected by the original
record, if any there be-" The returns should
be received aoit auOr and construed acith Hber-
dtaty, for, he adds "frona the men that usually
are, and of necessity, must be employed to
MAKE then, great J0Tnaotity and nicety cannot
be expected, and should not be required" The
general principle aohich gouerns as, that Uhue
there should be a strict compliance with the pro-
Uisions Of statute, get aohen they are merely
directory, such strict compliance is not essen
tiat to the uolidity of proceedings under such
statute, unless they are declared to be therein
This is specially applicable when the rights OF.
the public or Of third persons are concerned
The dominant rule is to give such construction
to the official acts Of municipal officers as wiu
best comport acith the meaning and intention
Of the parties, as derived from a fair and
honest Interpretation Of the language used, and
to sustain rather than to defeat the wiN of the
people, and thus distranchise the citizens.
JOHN APPLETON,
CHARLES w. WALTON
VIM. G. BARRows,
CHARLES DANFoRTH
JOHN A. PETERS,
ARTEMAS LIBBEY,
JOSEPH W. SYMONDs.