New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-01-05

which the Governor and Council reiuseu u
obey, the Court say:
7 by accident or wiul neglect there ia an error vi
omission in the return, what can be safer than 70 cie
70 the duplicate statement by the record 10 oorrre'
This the Statute of 1877 Chapter zlZ' az
lows 70 be done and. whiie the language Is
rern,Is.iye it falls within the TellEnOwn 'esal
rule that when public rights are concerned 1t sha DC
construed rs mandatory. A command clothed in the
language of courtesy is clothed because IL couu no'
be doubted that high and honorable omce'7
would unhes;atlngy avail themselves OF All IT,
gal means TO declare the result OF an eiec'
ton according to the actual fact in obedience 10 inc
fundamental principles OF popular government INC
Governor and Council bound by the statute II Is
mandatory upon them; It imposes dirty TO the pubic
that must be performed.
II is hardly possible to use language more
explicit or more contemporary cutting Inc
third answer relates to returns signed Dy less
than n majority of the Aldermen OF a CITY,
and is that a majority being quorum with
full mower TO act, majority of that majority
can make valid return. Therefore, "a return
signed by less than a majority of the whole
"number may, and, so far as the Governor
"and Council are concerned, is, cOncluslvely
presumed to be valid. They have no right
"to go behind the return" AS to the scatter
The Governor and Council cannot officially know,
nor have they the rght 10 assume. that the votes re
turned as scattering not actual ballots WIN tue
word scattering written thereon norfs the eieeuon
of the candidates TO be chosen by plurality OF votes TO
be defeated because the whole number OF votes or Da
tots may be stated erroneousy, or not stated at all
The fifth answer is that returns signed 10y
clerk psO felapore "have the same force and
"effecs as if signed by the clerk" The sixth is
that the Governor and Council have no power 10
inquire whether returns we're signed ana sealed
in open meeting. The seventh and eighth sweep
away pcttifOggng as TO the number or alienage
of Selectmen and the ninth, as to ballots
with distinguishing mark Is that " wheh
"a ballot has been once received In the
"ballot-box neither Selectmen nor Governor
% and Council can refuse TO count It," Inc
tenth is that the use of do" or ditto
opposite q candidates name, in place
of words or figures showing separ-
ately the number of votes cast for him,
gives "no ground for rejection The eleventh
maintains, as to alleged forgeres or altera-
tons, that "the Governor and Council have no
right to reject the returns for such cause WIN
d" out giving the parties interested therein fair
opportunity to be heard" or without evidence
under oath The truth is that if two returns
are received the first must stand, bat, II
defective, must be corrected from the record
according to the Statute OF 1874
II will be seen that these answers
leave no legal excuse whatever for the
exclusion of a single one of the Representa-
tives to whom certificates have been refused.
1t remains to be seen, first, whether the Gov
ernor and Council will have the decency to
reverse their unlawful action; or, second,
whether high-handed violation of the law can
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