Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1880-01-05

jorities is correctly stated in
Danes Arrangement, $50. and l Dill
Ions Municipal Corporations. sections sl
and 2l7 In the latter work i, is said tina
bodies composed of q definite number act b.
msjorities of those present, provided thos
present constitute a majority of the who'll
number. Or, to to use Mr.. Danes illustra
| ton: If the body consists of twelve council
men, seven is the least number that can con
stitute valid meeting, though four Of thu
seven may act,-that is. majority Of thu
whole must be present to constitute lega
quorum. but majority of the quorum
may act,-and SO far as we are aware
the law is so stated in substance by all an
cient and modern authorities. The rule ap
plicable to such cases is similar to that which
applies to our House of Representatives. The
whole number of representatives established
BY law is one hundred and fifty-one. A ma
jority Chat is. seventy-six rlembers) con-
stitute a quorum to do business. If there is
actually that number present, and majority
of them THAT is, thirty-nine members) vote
in the affirmative, valid law can thereby bs
enacted, or other business transacted. If less
than seventy-six members are present, then le-
gal no business can be done, except to adjourn,
or compel the attendance of absent members.
This is familiar law, and illustrates the prin-
ciple applicable to the aldermen Of cities, and
shows how and why return. signed by less
than a majority of the whole number, may
be. and so far as the Governor and Council
are concerned, is conclusively presumed to
be valid. They have no right to go behind
the return.
CUES. 4. Is return by the aldermen of a
cast for each person voted for as Il member
of the legislature, and does not show what
persons were voted tor as such members, in
any one of the several wards of such city
a valid return within the requirements of the
same section?
Ans. We are not sure that we compre-
bend the full scope of this question. Our
answer will meet all ofiIs supposed purposes.
1t is immaterial whether the aldermen re-
turned to the Governor and Council the de-
tailed vote of each ward separately, or wheth-
er they returned the result of all the votes of
all the wards for each candidate together.
Either mode is satisfactory way of reaching
for in such matters. Nor is it material
matter that, instead of returning all the
names of persons voted for, there is return
of votes as scattering" provided that, howev-
er such votes may be added or subtracted,
some candidate or set of candidates appear to
be chosen by plurality of the votes thrown.
The Governor and Council cannot officially
know, nor have they the right to ascertain,
that the votes returned s''scattering' were not
actual ballots, with the word scattering writ
ten thereon. Nor is the election of candi-
dates to be chosen by plurality of votes to
be defeated because the whole number of
votes or ballots may be stated enormously or
not stated at all. The constitution contains
no such requirement, and the statutory pro-
vision requiring it is entirely unimportant
and inapplicable to cases where a plurality
Of votes elect. 1t is well settled rule of
that where the general terms of
a statute embrace several subjects, but are
found to be practically applicable to some of
the subjects and not to others, it is to be
as embracing those subjects only
to which it is practically applicable.
Dues. 5. Are returns from towns or cities,
which are not attested by the town or city
clerk. valid within the same section?
Ans. Returns from towns and cities which
are not attested by the town, plantation, or
city clerk, are not valid. The attestation of
the clerk is a prerequisite to any action of
the Governor and Council in counting votes
6s Maine, 5ss. #, however, the clerk should
be absent, a clerk pro tempore may be chosen,
or deputy clerk may be appointed, under
the statute of 1872, chapter IL, and the
thereof. by the act of 1874, chap.
l59, and the returns of such clerk pro tempore
or deputy clerk, ARE to have the same force and
effect as if signed by the clerk.
CUES. G. Have the Governor and Council a
right to reject returns of the election of men,
bers Of the legislature, required by the same
section, from the officers of towns, which were
not made, signed or sealed up, in open town
meeting?
Ans. The Governor and Council must act
upon the returns forwarded to the Secretary
of State. If they purport to be made, signed
and sealed up in open plantation or town
meeting, they constitute the basis of the action
of the canvassing board. No provision is
found in the constitution or in any statute Of
this State, by virtue of which they would be
authorized to receive evidence to negative
the facts therein set forth. They, therefore.
have no such power. The statement of the mu-
nicipal officers is in that respect conclusive.
Dues. 7. Is the return Of two persons
purporting to be the selectmeni of a town,
valid and sufficient evidence of the vote Of
The town, when it appears that there were al
the time of the meeting at which the cleo
ton was had, but two selectmen of thai
town?
Ans. When majority of the sclectmer
are absent from meeting for election pur
poses, or being present s'neglect or refuse Il
act as such, and to do all the duties required
of them, the voters at such meeting MAJ
choose so many selectmen pro tempore a
,hor