The Republican. [volume] (Oakland, Md.) 1877-current, 1880-01-10
Fraud in the Pillory.

whose members are not paFtlSdilS,
and whose action is disinterested.
The only one of its members who has
been known as politician is Justice
Libby, who has always been Dem>
ocrat. The chief Justice has been on
the bench for thirty years, and all /
the judges have been distinguished |
for conservatism and independence. |
The unanimous opinion of such a
bench must carry with it conviction,
and their answers to the questions
submitted by Governor Garcelon
leaves the Maine Returning Board
without rag to hide its shame. AL
though Governor Garcelon had res
jected the searching heterogeneous
proposed by Ex-senator Morrill, and
submitted Others so worded as to
limit the action of the court to points
where the Returning Board believed
itself strongest, the couit shows that
the action of the board has been
wholly illegal and arbitrary, and that
the award of certificates of election
to defeated candidates and the dis
reimbursement of larGe cities is with
out excuse.
There is crustic severity in the
language of the opinion that bites
the brand of fraud deep into Garce-
Ions brow. What could be more
cutting than this comment upon the
Returning Boards plea that the act of
1877, providing for the correction of
errors from tho record, even if con-
stitutional, is merely permissiye. and
not mandatory GA command
clothed in the language of courtesy
is so clothed because it could not be
doubted that high and honorable
officials would unhesitatingly avail
themselves of all legal means to de-
clare the result of an election accord
ing to the actual fact, in obedience to
the fundamental principles of popu-
lar government" There is as close
an approach to sarcasm as is possible
in judicial language in the gravity
with which the court informs Cover
nor Garcelon, in answer, to his inge-
NOUS question as to whether ''dots
under figures" opposite a candidates
name is to be considered as the re-
| tI1r nf Of fnV hat
candidate. that such dots "stand for
the word ditto, one Of common use.
and have peril city well defined
meaning know to persons generally"
Not only does the opinion show
the course of the Governor and Coun-
Gil to have been illegal, but it con-
tains an unmistakable reprobation of
their secret search for technicalities
with which to defeat the plain intent
and will of the people. The Cover
nor is admonished that 1.-The official
returns required from the municipal
officers of several plantations, towns
and cities are, and will be, made by
plain people, and made, too, in the
hurry and hustle and excitement Of
an election. They are not required
to be written with the scrupul0us
nicely of writing master, + with
the technical accuracy of plea in
abatement. Sentences may have
been ngrammatlcal the spelling
may deyiate from the recognized
standards, but the returns are not to
be set to naught because the perman-
ship may be poor, language ingram
NAUTICAL or spelling erroneous. 1t is
enough if the returns can be under
stood; and if understood full well,
effect should be given to their nat
ural and obvious meaning. They are
not to be strangled by idle techni-
calities, nor is their meaning to be
distorted by carpings and caDtious
criticism. When that meaning isas-
certained, there should be no hesi-
fancy in giving its full effect"
The opinion is, in short, strong
condemnation of the conduct of the
Governor and Council from first to
last, and if they have left any sense
of shame or decency they will
promptly recall the certificates of
election issued to defeated candidates
and issue certificates to those elected
by the people. The DISTINGUISHED
cities of Portland, Lewiston, Rock
land, Saco and Bath should have an
immediate recognition of their
rights and the representatives cleo
ted by them receive their certificates.
The Supreme Court indeed plainly
declares that the failure of the Gov
ernor and Council to do their duty
cannot exclude the representatives of
the people from their seats. They
say: "If it appears to the House of
Representative that there was an
election of representatives in fact,
they should admit them to their
seats, though no returns thereof were
made to the secretary of the state. A