Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1880-01-05
The Maine S7nsEfS3a

The Maine S7uddie.
i'Lu Supreme Court Of Mainu on Saturday
T srjervd tho following uaaolmous dscis ous OF
toe questions submitted to them by Governor
Garcelon, respecting tho political troubles il
that Stale
l. When the governor and council decide
:bere is 40 return for representatives they have
no authority to order new election, but it rests
Nith tie municipal officers in case of q vacancy
to order new election. If it appears 70 the
House OF Representatives that there Wss ap
election OF representatives. !n fact, they should
admit them to thelr seats, though 10 return
thereof Hes made 70 tho Secretary Of State.
, The governor and councll cannot allow
Substitution II other cVldcUco 10 lace CT "!he
returned copies 0i tuoh lists as are provided
for 10 the constitution 10 enable them to deter
mlno what rcrsO1s app to be elected" rep
rescntatVes to the L 'gl-lalu-e By plurality Of
8l tho votes returned. An informal or inccr-
Ttct return should, in the opinion Of the court,
be corr ed By the record; the court regarding
The suthotity given by the law of 1877 to d.
this as not tnly pclm i've but tdatory.
3 4 roturn signed by less than majority OF
the selectmen of town or the aldermen of
city is valid provided it has the signatures of
m&jorIty of three SeleetmeD 1.-THE law allowing
the election OF seven bu: the practice oiteu be-
Jag not 10 elect more thao thrcs) snd msiori
~ OF q quorum OF the aliegmeu. Thus, sup-
posing .n:rs were seven aldermen, return
must nave tho signature OF three o'dcrmen out
OF four actually picseot, because it would re-
Qulre tiur to make quorum. If return is
sgDed by three aldermen the fact of srch Gig
nature Is pr.sumphVe evidence Of tho prsseoce
OF quorum aid the governor and cou1cil lave
| no right to 90 behind the return.
A return by aldermen OF q city which
does not give the number Of votes cast for each
i person vote Tor as member of the Legisla-
! ture aDd does not show what persons were voted
| tor as such members IN arY one of tho several
wards OF lch city is valid return within the
requirements Of the laws. 1t is immr -erisl
| whether the aldermen returned to tho govsraor
| snd council !hs detailed vote of each ward sep
| aratcly or whether th y returned the result of
| sll votes OF oil the wards for each candidate.
| Either mode is satisfactory way of reaching
! the same result. Substance Only is sought for
IN such masters. DOR ls it N atcrlal matter that,
| Instead ct returning ell the names cf tho ner
| 9Es voted Tor, there is return of votes az
| scattering, proylded that, however, such votes
may be added or sub.rac:ed when some caudi'
| date or set of candidates appear to bs chosen
| by plurality OF the votes throwo. The gov
error and council cannot officially know, Dol
have they tho right to ascertain, that the votes
| rcturncd as scattering were not actual ballots
with the word :" tttrog" writtea thereon,
ncr /, the cl.cton Of the cGrGiiatrs to bl
chose by plurality of votes to be defeated be.
canso tho whole number Of votes or ballots may
oo stated crrcnei usy or not stated at all
5. Raturus from towns and cities which are
| not at!cstcd by town, plantation or city clerk
sro Tot valid. Tho astcstation of the clerk is a
prerequisite to any action OF the governor and
council in counting the votes. If, hoaevor, the
CLERK should no absent, clerk pro tenn. may
be chosen Or dcnuty oIrrkk msy bo appointed
by tic act OF 1874 e. l59, the returns of such
clerk pro tsulpcro or deputy clerk sre &c hav:
the ssme force ard effect as ii signed By tho
clerk.
6. The governor and council arc rot author
ICED to receive evidsnno showing that tho re-
| turos woru not made, signed and sealed no III
| uunG toWl mcstiog. Ii tho roturna purport te
have b:eG s; made, signed and sealed up, the
accompanying statement ct the municipal off
c2is lnust BE- accepted 80 legally conclusive OIL
| tn fact
| 7. The abstn;e cf al The selcctmon OF town
| Tor az elso:icr but two should net 1vGdatc
| thu return. LII case OF death or removal of all
Inc selec ,mcn TWO would &c sufficient and CON-
pcens to act. The irquiry is if the return
Fould be valid WHOM tn r. should be but LEo
sclectment "at the time of tho ueeting at which
tho election wa had" If the Other seleotmen
| had deceased prior to tho meeting. the eurviv-
ors might act and the action might bo legal
| But the canvassing board are to be governed
by the returns. Evidence would not be admis
| slble to prove tho fact that there were but two
selsctmen ct the town. The governor and ooun
Gil osnaot Officially know that there arc only
| twa.
| 8. 70 the question can person who is not q
citizen OF tie Utited States ct the time be le-
gally elected Ut constituted selecsmen Of @
town? Tho answer is returned that person
not clt'z9n may DC elected or constituted q
soicctmGn, go that bis official acts bind the towr
ard are valid so far as IF cis ths public
9. 10 tho question whether "mai kod" ballots
should be rejected alter they havo been countod
and Incorporated IN tbs rotuIDs, the court re
| plies inst tho statute prohibits rel. ctiou of tbn
ballot ''after it is ri c:iged .eto the ballot bcx I"
| L. is then to be o5uated. The governor s1d
council have rotbing to do with the question;
| their GUY Is 10 count the vote regardless CT tho
tact Improperly sst forth in the roturns They
are nowhere constituted tribunal with judiciary
authority to determine hat shall constitute q
distinguishing mark or figure, nor can they ls-
galIy refuse to open aud count the votes return
! ed. When the ballot hes been once received
| 10 the ballot bcx nrilher ssleo'msn nor gorve.
| nor and coulcil can refuse to count it.
! ~. Wins It appears by the letters or figures
10 nc first line Of the return and by ditto mar s
or b2 tho dots 10 the following lines that the
| same class OF candidates re c,vcd the same vote,
hero can be no ground for rejection of the re-
| !usn. The word ditto ADD its abbrcyation to
do, aud tie dots or marks that stand for the
word ditto, arc of Commou uss and have per-
| fectly we'll defined meaning known to persons
generally. That meaning should not be dsrs-
garded.
II. The Governor aud council have no right
to reject the returns for alleged fraud without
giving tho parties interested thertio q
fair opportunity to be- beard. The genuine
ness OF return is to be presumed and this pre-.
sumption remains until overcome by evidence
produced. The Governor and coupo have no
power to r, jcot returps uuless an objection 10