Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1880-01-13

men we're present. The law with respect 10
Quorums and msjoriiies is correctly stated in
Danes sbridgment, 100, and billions Mu-
nicipsl Corporations, secs. PIG and 2lI. In
the latter work it is said that bodies composed
of definite number act by ms ori!ies Of those
present, provided those present constitute
msjority of the whole number; or, TO use MIR.
Dae's illustrate on: "If the body consists Of
twelve councilmens seven is TIE least number
that can corsiiuta valid legal meeting,
though four Of the seven may act; and, so
far as We are aware, the law is so stated IN
substance by all ancient and modern auihori-
ties. The rule applicable to such cases is
similar TO that which applies TO our House OF
Representatives. The whole number of rep
resentatives, established by law, is l5l. A
majority (that is &c members) constitutes a
quorum TO do business. II there is actually
ths, number present, ana a majority of them
(thst is 30 members vote in the affirmative,
valid Law can thereby be enacted, or other
busiue. transacted. II less than sc members
present, then NJ business can be done, except
10 adjourn or compel the attendance Of absent
members This isA familiar law and illus
trates the principle applicable 20 the slider
men Of ci,ies, and shows how and Why a re-
turn signed by less than a msjority OF the
whole nsmber may be, and, so far IS the gov
ernor and council are concerned, IL couclu-
sively pr, sumed 10 be valid. They have no
right 70 60 behind the returns.
OF I.arcturn by the AldcrEcr OF q city which
doe, not give the number OF votes casi Tor each
person voted Tor ~ n n. mbcr OF the Legislature.
and does no: show what persons were 'oicd Tor IA
such member In any one of the several wards oi
such CITY, \ va ia return within the I, quTcmcnis
OF the same section
Ave are not sure that We comprehend
the full scope Of tbs question. Our answer
will meet sill Of It's supposed purposes. II IS
immaterial whether the aldermen returned
10 the governor and council the detailed vote
Of each ward separately, or whether they re-
turned the result Of the votes Of ali the wards
for each candidate together. Either mode Is
satisfactory way Of reaching the same re-
suit. Substance only is sought for IN such
matters. Nor Is IL a msterisl matter that, IL
stead Of returning all the names OF persons
voted for, there is a return of votes s scatter
ing, provided that, however such votes may
be added or :ubtracted, some candidate or set
of candidate, sppear :, be chosen by plu-
rility of the votes thrown. The governor
and council csnno, officially know, nor have
they TIE right 10 ascertain, that the votes re-
turned as scattering were not actual baloS
with the word scattering written thereon.
Nor is the election OF candidates TO be chosen
by plurality Of votes 10 be defeated, because
the whole number Of votes or ballots may be
stated enron eously, or not stated st all. The
Constitut on contains 10 such requirements,
and the statutory provision requiring Il IS en-
tirely unimportant and lnapplicable to cases
where q nlurslty Of vote, elects. IL Is well
settled rule Of construction, tina. where the
general terms OF statute embrace several
ka ly
plcable y some OF the subjects and not -
others, i is - tc construed as embracing
those subject, only to which i, is practically
applicable.
o. Are returns from towns or cities which are
not atiesicd by the town or city clerk valid "lthih
the same section:
A.-Reiurns from towns sni cities which
are not stiested BY the town, plantation or
city clerk, are not valid. The s,testsuon OF
the clerk Is a prerequisite to any action OF the
governor and council in counting votes. (bs
Maine. 5sS) If,howeyer. the clerk should be
absent, q clerk pro tsmpore may be chosen,
o, deputy clerk may be appointed, under the
statute OF 1872, {. l., and the amendments
thereof by the &C, Of 1874, Z. 100. The re-
turns of such clerk pro femPore, or deputy
clerk, are 70 have the same force and erect
as if signed BY the clerk
%. Have the Governor and Council a right 10
reject returns OF the election OF members OF the
Legislature, required by the same section irom
the officers Of towns. which were not made' sisneu
and sealed up IN open town meeting
A.-The governor and council must act up
on the returns forwarded TO the Secretary OF
State. If they purport ID be made, signed
and sealed up in open plantation or town
meeting, they constitute the basis Of the ac-
ton OF the csnyassing board. No provi.ion
is found in the constitution, or IN any statute
Of this State, by ,irtue OF which they would
be authorized 10 receive evidence 10 negative
the facts therein set forth. They, therefore,
have no such power. The statement OF mu-
nicipal officers is, in that respect, conclusive
o.. Is the return Of two persons purpo-ting 10
be the seectmen OF town. valid and suncient e'l-
depce of the vote Of the torn, when II appears that
there were AT the time OF the meeting ri which lhe
election was had bu, two selectinen Of that Town:
A-When a majority of the selectmen are
absent from a meeting for election purposes,
or, being present, neglect or reiuse to ACT as
such, and . do al the duties required oil
them, the voters at such meeting may choose
so many selectmeo pro tempore as are neces-
ssry to complete the number competent to DO
the duties. r. s., chap. 4, sec. 20. 10 case
of death or removal OF one OF the selectmen,
two would be sufficit N. and competent to act.
The inquiry il, if the return would be valid
when there should be but two selectmen "st
the time OF the meeting az which the election
was had" II the other selectman had de-
ceased prior to the meeting, the supervisors
might act, and their action would be legal.
p,, rho c,,vassinO hoard are 10 be governed