Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1880-08-11

Ion.
Since the fnsionists are defending the ac-
ton Of Gov Garcelon and Council in the
Count-out, and assailing the Justices ofthe
Supreme Court for their opinions given in
the matter, it is well to recall at this time
the remarks made by the Court. accom-
panying the answers to Garcelon's ques-
tons. 1t is good. healthy. sound reading
and has been accepted by able lawyers
and Judges all over the United States as
embodying unanswerable reasons for the
opinions they rendered. The New York
World in commenting editorlally upon the
opinions of the Court when they were first
published said:
The opinion is expressed by the Maine
Supreme Court Judges, in reply to the
twelve inquiries addressed to them. in
spite Of the opposition of Cipher Alley
land of his greenback councillors, by
Governor Garcelon, sustains at every
.point. as our readers cannot but see, the
..advice given at the outset Of this business
ito the democracy of Maine by The
"World. If there be one shade of differ
..ence between the views of The World as
Ito any aspect of the case it is only in res
..pect to the relation which the law of
1877 bears to the constitution of Maine !:
land in respect tothat we are inclined to
think that the reasoning Of the Judges is
"sound and in tine interest of fair elections.
Upon all the other points discussed Gov
.'ernor Garcelon never should have been ..in
doubt, and it may fairly be inferred from
1.-THE questions submitted by Governor
"Garcelon to the Court that upon a care
..ful examination OF his course he satisfied
himself that his greenback councillors
land his Cipher Alley advisers had led
..him into a false position The
keynote of the opinions expressed by
THE World and affirmed by the Judges
sis the declaration that the constitution
.'does not aim at depriving the people
''of their right of suffrage and of their
fright of representation for trivial
'.errors.''
The language ofthe Judges is as follows {:
Let every man read it.
(From the Opinion of the Justices
January 3. 1SS0.)
This government rests upon
the great constitutional axiom
''that all power is inherent in
the people" at is a govern
ment of the people, by the pco-
pie and for the people," and if
administered in the spirit of its
founders, sit shall not perish
from the earth" Its constitu-
ton was formed, to use the apt
expression of one whose men,
DRY is embalmed in the hearts
of his countrymen, "by plain
people," and plain people"
must administer it. The ballot
is the pride, as well as the pro-
lection, of all. 1t is the trnest
indication of the popular will.
The official returns required
from the municipal officers of
the 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 scrupulous
nicely of a writing master, or
with the technical accuracy of
a plea in abatement. The sem
fences may be ungrammatical,
the spelling may deviate from
the recognized standard; but
returns are not to be set at
naught because the penman-
ship may be poor, the language
ungrammatical, or the spelling
erroneous. 1t is enough if the
returns can be understood, and
if understood, full effect should
be given to their natural and
obvious meaning. They are
not to be strangled by idle
technicalities, nor is their mean
ing to be distorted by carping
and captious criticism. When
that meaning is ascertained
there should be no hesitation
in giving to it full effect. The
language of Mr.. Justice Nor
ton in Strong, petitioner, 20
Pick. 4S4, is peculiarly appro-
pirate to the subjects under
discussion. what" he asks,
''shall be the consequence of
an omission by the selectmen
or town clerk to perform any
of these (their) prescribed du-
finc on1 pnDr xx-kD,,, cl>.,lI -