The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1880-01-15
u sll.lne supremt Court opinion.

The following Is a spmxry Il the
answer of the Justices q the Maine Su-
preme Court to the interrogatozies SUBJ
mitted to them by Governor Garcelon.
The questions are indicated in the an
swers given. The opinion, which is en-
tirely adverse to the position taken by
the Governor and his Council, was un-
animous one, and was signed by Judges
Hpplet6h;, wMC0d, BarrSws, Dahf6rth,
Peters, Libbey and Tymonds:
!. The Governor and Council have no au-
return Is made. The House may seat mem-
Ders who have in fact been elected, even if no
return at all is made to the Secretary of State.
seat because municipal officers have failed to
:. The CONSTITUTION calls for returns which
and which truly represent the facts they pur.
Ro!t 70 set forth. But much of the Constitu-
oaa lis is directory The
pie Of the right of suffrage or representation
for formal err ors, but to avoid such result.
Mnen tne constitutional lequi ement is inn
on to snev tS It s In aid Of the Constit
possible. If there is an error in the returns. It
should be corrected by comparison with the
i ~ sdo So s.scement on record, which record
regard to this, the statute of 1877
Is only permissive, but it is q Ic-
gal gal .d maxim that when public interests
language Of courtesy. THE Governor and
Council are bound by statute. 1t is mandatory
that must be performed. whether the at re-.
ferred to oOntravenes the Constitution in all
lowing oral evidence to be received to show
the intention of the voters in casting their
votes Is another part of the statute which we
are not now called upon to consider. II un.
constitutional in the latter respect that would
separate and independent provision"
3 While towns may have seven Selectmen,
most of them have but three, and the sigma.
ture of two of these is sufficient. In the case
quorum. though not a majority Of the whole,
Is competent to act. IT q bare majority of q
Quorum 9 signs the returns It is not the bust
whether more than a quorum were present or
not. $50 ~
4. 1t is immatcrial whether the returns from
city show the vote by wards or not. 1t is not
nect ssary that each Gun iidate's name should
be on the returns, provided that the vot g
returned as sea ri lg, however added or sub
rs scattering may have had that word printed
on them for all the Governor and Council
know. Where plurality ell cts, an electi III is
not to ne defeated because the whole number
It ballots Is errOnl Ously suited, or not stated
at all.
s. Returns are not valid unless signed by the
Town Town or City Clerk, but q Deputy Clerk or
8. The Governor and Council must act on the
basis of the returns as they are sent to the
Secretary Of State. II they purport to be
Governor and Council have no right to ascer.
tain whether they were SO made or not.
Z. If returns are signed by two Se'ectmen,
the Governor and Council are not to inquire
whether the town had but two Selectmen or
not. Two signatures would be enough in Ger.
tain cases, and the presumption is in favor of
the return.
S. A person not citizen may be Select
man dc fdctO, and bind the town as complete
~ as If he were Selectman de jure. So far as
the public are concerned, the acts of de
fGctO officer are rs valid as those of q dc j,lre
officer. -gs NJ
!. 9. In the case of marked ballots, Selcctmen
have the right to reject them when offered,
lot after it has been received into the ballot
box. The Sclcctmcn have no business to re-
port the matter Of marked ballots to the Cow
ernOr and Council, and the latter have 10 right
to ply any attention to such report or refer
cnce. W. SO 81
!. 10. There can be no ground for rejecting the
word ditto or do or disre9arding the dots
or marks that arc In common use us their SUBJ
stitute. ma ..,4.s.
II. The Governor and Council have no right
to reject returns on the ground that they arc
presented TO- them declaring that any or all
the signatures nrc not genuine, or that the
return bud been altered since it was made.
tcrcstcd. and in Investigating the case the
Governor and Council should be governed by
the usual rules Of evidence. ii
pr, II form, the iirst received must be- the
basis uf the, action Of the Governor and COuI,-
ell. II dcfct:tivc, they can be corrected .,c-
ct'rding to the statutes. Returns must have
their fun effect II they are Ineligible. in spite
OF trivial irregularities. They arc not to be
stranYied ty idle technictlities. nor their
meaning destroyed BY captnus criticism.