Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1880-01-05
TIE MAINE UsURsATION.
SarceIen's Props Knocked from
Under Hin - The supreme Ceurt
Unanimoussy against Him.

I
Unanisnoussy Against Him.
On Saturday the Supreme Court of
Maine rendered decision Oh all the
questions submitted by Gov. Garcslon
in reference to his attempt to steal the
Legislature Of that State, and to every
question propounded by the usurper q
unanimous opinien was rendered
against him and his attempted fraud.
The decision Of the court is sonsw hat
lengthy but divested Of svasions and
subterfuges the questions propounded
and the answers given are briefly Is
follows:
Question 1.-Can the Governor and
Council order Q new election Of Rep
resentative, or can the House Of Rep.
resentatives admit member without
a return being made to the Secretary
Of State Z
Answer.--The Governor and Council
cannot order new eleetiofs and the
House can admit o member who appears
to have been elected In fact, though
not formally returned. "a Represen-
tative 10 not to be deprived Of his rights
because municipal officers have ne
elected their duty"
Question 2.--Can the Governor and
Council regard the statute Of 1877 as
In harmony with the provisions Of the
Constitution prescribed forms by which
the legality OF the election of Repre-
sentatives to the Legislature is to be
testedf
ANswER.--Ths Governor and Council
not only may, but must, be guided by
the statute, inasmush as its obvious
purpose is to carry out the intent Of the
Constitution which 10, while preserving
so far as possible the regularity Of the
returns, to prevent the nullifcation Of
the popular choice by any mere errors
Of form. About the constitutionality of
that part Of the statute which directs
that the results Of an election shall be
declared in accordance with the facts,
there can be no question.
Question 3. Can 0 return be inval-
idsted in default Of its signature by a
majority Of the legal number Of Select
men OF town or the Aldermen of .
city
Answer. No, because q majority of
the legal minimum Of Selectmen or
Alderman constitutes a quorum, and
the signatures Of majority of such .
quorum make q legal return. A re-
turn signed by two Selectmen or three
Aldermen may, therefore, be valid.
Questions 4 and 5. Can returns be
invalidatsd by formal irregularities on
the part OF City Aldermen or by the
lack OF the official attestation of Town
or City Clerk 7
Answer-No, because the law seeks
to conserve the substance, not the mere
form. The general conclusion to be
drawn from city returns is that to be
adopted, and the attestation Of clerk
pro tsmpore is good in the absence of
the regular officer. The Governor and
Council have no right to 20 behind the
returns.
Question, e-Can returns bs rejected
which were not made, signed and seal
ed up in an open town msstingi
Answer--The Governor and Council
can act only on the returns forwarded
by the Secretary Of State. They cannot
receive evidence to negative facts there
in set forth.
Question 7.-Suppose q return is
signed by but two Sslectmen, and it ap-
pears that there were at the time of
meeting at which the election was held
but two Selectmen Of that town, would
the return be valid
Answer.-There are various eventu-
alities which would render such q re-
turn legal, but the plain duty of the
Governor and Council Is to be governed
by the returns. They can haye no Off
oial knowledge Of the number of Select
men who sign such returns. 81"
Question 9.-Would the fact Of o
Selectman being an alien invAlidats a
return?
Answer.-Dscidedly not.
Question 8 and 10.-Can the Cover
nor and Council make what they may
consider to be q distinguishing mark"
on ballot ground for its rejection, and |
are dots placed under figures. signify
ing an equality Of votes in the same re-
turn, to be accepted az evidence of such
equalityi
Answer.--The town officers are the
judges of the adMissability of ballot;
when it has been received into the bal
lot-box 1t must be counted, and the Gov
ernor and Council take no cognizanee
of its external form. So, also, in deal
ing with returns, their obvious intent
is to be considered not their form.
Question ll.-Can the Governor and
Council decide as TO the kind Of evil
dence they will receive to enable them
to determine the genuineness Of the
returns required by the constitution
Answer.-The genuineness Of the
signatures affixed to the returns must
be questioned and proper notice given
to all the parties interested before the
Governor and Council can take evidence
to invalidate them. When these pre-
liminaries have been complied with,
their action should be guided by we'll
established rules.
Question 12.-How are the Governor
and Council to decide between two lists
Of votes, regular in form, but differing
in the number Of votes returned as cast
for the same personf
Ahswer.--Aocept the return arst re-
ceivsd by the Secretary Of State, and
II defective or not true copy Of the
record, let 1t be corrected in accordance
with the provisions Of the statute for
such cases made and provided.
Tho Parnell Reception.
A public reception was given to Mr..
Chas. s. Parnell in Madison Square Gar
Il 4 II