Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1880-01-09
THE MAINE QUESTION.
Full Text or the Answers Made by The
Supreme Court.


the ollicial.text of the unanimous opn-
ion Of the supreme judicial court, fin
ished and signed this afternoon, in an
ever 10 the questions submitted by the
governor:
TO he Honorable Aionso Gdrcelon, GoUer
nor Qf Maine
BANGOR, Jan. 3, 1880
The undersigned justices Of the SUI
irene judicial court have the honor TO
,ubmit the following answer TO the
questions proposed:
Question /. When the governor and
council have decided there is no return
from city on which the representa-
yves can be summoned to attend, and
take their seats in the legislature, is il
their duty to order new election, or is
il competent for the house of represen-
tatives, il il shall appear there was an
election Of such representatives IN fact
TO admit them to seats though no re-.
turn thereof wns made and delivered in
to the Office 81 the secretary OF state Z
AnsWer--No authority il given to the
governor and council when there IL no
return TO order 10 new election. When
the seat of representative has been
vacated by death, resignation or other
wise, provision is made by tho X. s.,
chapt. II, sec. 80. Al AZ, for the filing of
existing vacancies. These provisions,
whenever the municipal officers therein
mentioned by any means have knowl-
edge Of The death OF n representative
elect or ol vacancy caused in any 9th
or way il is their duty TO order new
election if il appeared 10 the house Of
representatives that there was an cleo
ton OF representatives Ia fact, they
should admit them TO their seats, though
no returns thereof was made TO the sec
rotary OF state. The representative is
not to be deprived of his rights because
the municipal officers have neglected
their duties.
Question . IL il competent for the
governor and council 10 allow substitu.
ton Of other evidence in place Of the
returned copies Of such lists M are pro-
vided for in article 4, part OF the first
section Of tho constitution, 10 enable
them TO determine what persons appear
to be elected representatives to the leg
islaturc by'n plurality of votcs2
Answer This refers to the substtu-
ton authorized by the act Of n, chap.
PIG. The constitution calls for the re-
turn that is regular in essential forms,
and which truly represents the facts To
be described by it,but much Of tho CON
stitutional requirement IL directory
mercy. II does not aim to de.
prive the people of their
right 0f.suilrngo or Of thoir right Of
representation for formal errors, but
aims nj avoiding such u result where
the constitutional requirement has not
been fully executed Ny the town OIL.
GERS. II IL in MD OF the constitutional
provision to supply the omission or de-
iictency ns nearly and ~ correctly MS
may be. Such is tho purpose Of the
statute. IL Ii competent for the COVER
nor and council To allow mn erroneous
return or one that ~ informal or defect.
i've, to be aided and corrected by MI Mt.
tested copy Of the record W. by statute
provided. The object Of the constitu-
tional provisions respecting elections
is to furnish M many safe
guards NJ may be against
tho failure, either through fraud or
mistake, correctly to ascertain and de-
blhIt VIZ VIII VI lIt DtbDlN no th HlfNH't
in the choice Of their officers and legls-
lators. Hence the requirement that
not only shall tho returns be made on
the spot, III open town meeting, but II
record of the vote shall bo made MT the
same time, and authenticated,
In like manner if hy accident or will
ful neglect there is IN error or omission
IN the return, what can be safer than to
refer TO the duplicate statement
10y record ca correct itY This
the statute Of 1877, chapter ID, allows
20 he done; and while the language Is
permissible, il falls within the well.
known legal rule, that when the public
rights nre concerned il shall be con-
strued as mandatory - command
clothed IN language ot courtesy
SO clothed because il could
not loo doubted Tint tho high
and honorable officials would unhesi.
tntingly avail themselves Of NIL lawful
means to declare the result of the clce-
ton according to the actual fact III
obedience To the fundamental prinei-
piles az popular government. The
governor and council are bound
by the statute. IL IL
mandatory upon them. II imposes II
duty to the public That that much bo
performed. Whether tho net referred 10
contravenes the constitution in allowing
oral evidence TO be received To show the
intention Of the voters in casting their
votes il another part of tho statute,
which we are now called upon To CON
slider. Ii constitutional in the latter re-
spect, that would not afford the eensti.
tuuonalty Of other separate, indopcnd.
ent provisions
Question .. l. " return signed by
less than majority of the selectmen
Of town or the aldermen of " city,
valid within the requirements of the
same section2
Answer-To this question We answer
that while the town may legally elect
rs many ms Z seleotmen, The wel-known
practice IL to elect only 4, and in such
cases.a return to be valid must be sign.
cd by majority of them because by
no possibility can u less number eonsti-
f,,ln 4 lponl nunruu. Int ihn rIlln