The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1880-01-15
THE MAINE ELECTION.
An Expression Of Opinion Adverse to tho
Course of the Governor and Council.
BASGoR. January d

An Expression of Opinion Adverse to th'
Course of the Governor and Council.
BANGOR, January 4.
The Supreme Court he's answered al
the twelve questions propounded by Gov
ernor Garcelon, and its opinion on th'
general question at issue, but which wa
purposely kept out of the questions ask
ed, viz: Whether the course taken by tht
Governor and council was right or wrong
is thus given in the conclusion of theil
answer to the Governor:
The Government of Maine is govern
ment of the people, by the people and fol
the people, and if not administered ir
the spirit Of its founders it shall perish
from the earth. Its Constitution was
formed, to use the apt expression of one
whose memory 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
protection of all. 1t is just evidence Of
the popular will. The official returns
required from the municipal officers oi
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 election. They are not
required to be written with the scru-
pulous nicely of writing master or
with the technical accuracy of plea in
abatement. The sentences may have
been ungrammatical, the spelling may
deviate from the recognized standards,
but the returns are not to be set to naught
because the penmanship may be poor,
the language ungrammatical or the
spelling erroneous. 1t is enough if
erturns can be understood, and if
understood, full effect should be CIV
en- to their natural and obvious
meaning. They are not to be strangled
by idle technicalities, nor is their mean
ing to be distorted by carpings and cap
tious criticisms. When that meaning is
ascertained there should be no hesitation
in giving it full effect. The language of
Mr.. Justice Morton is strong, and is pc.
culiarly appropriate to the subject under
discussion. "What," he asks, shall, be
the consequence of the omission of Sc
lectmen or town clerks to perform any of
these their prescribed duties, and upon
whom shall it fall? For wilful neglect of
duty the officers would undoubtedly be
liable to punishment, but shall a whole
town be disfranchised by reason of fraud
or negligence of their officers? This would
be Furnishing the innocent for the fraud
of.the guilty. 1t would be more just and
more consonant to the genius and spirit
of our institutions to infict severe penal
ties upon the misconduct, intentional or
accidental, of the officers, but to receive
the votes whenever they can be ascer-
tanned with measurable certainty. If no
return, or only an imperfect one, can be
received, let it be supplied or corrected
by the original, if any there be. The re-.
turns should be received with favor and
construed with liberality; for" he adds,
"from the men who usually are and nec-
essarily must be employed to make them,
great formality and nicely cannot be ex-
pected and should not be required. The
general principle which governs is that
while there should be strict compliance
with the provisions of the statute, yet
when they are merely directory such
strict compliance is not essential to the
validity Of the proceedings under such
statute, unles, it is 80 declared to be
therein"
This is especially applicable when the
rights of the public or of third person
are concerned. The dominant rule
is to give such construction to the
official acts of municipal officers as will
best comport with the meaning and in
tention Of the parties as derived from
fair and honest Interpretation of Ian
guage, and to sustain rather than to de-
feat the will of the people and to disfran-
else citizens.
JOHN APPLETON,
CHARLES w. WALTON,
WIN. G. BAssows,
CHARLES DANFoRTH,
JOHN A. PETERS,
ARTEMUs DIBBY,
JOSEPH w. SYMoNDs.
THE MAINE LEGISLATURE ORGANIZED
BY THE FUsIoNIsTs.
BosToN, January.
Aspecial dispatch from Augusta, Maine,
to the Journal says: An immense crowd
is in attendance at the State-House, the
rotunda, corridors, committee rooms and
galleries being jammed. The members
elect, with certificates and without, and
the dcounted.out" members, with all con-
te.tonts are admitted to the floor of both
branches. At 9.45 A. NJ. the Assembly
was called to order by Assistant Clerk
Gibbs. John G. Talbot announced the
drawing of the seats. The Republicans
are not generally participating. Mr..
Staples, clerk of the House, is present but
does not act. Mr.. Gibbs is presiding.
LATER.
The Republicans came in and took
part in drawing, and every member re-
sponded except Messrs. Water, of Farm
ington and Snow, of Skowhegan, and the
fourteen in the disfranchised cities and
towns. At 1890 a. m. the Governor and
Council attended in the Senate and ad-
ministered the oath of Office. The SEN
ate vas organized by the choice of Dem
ocratic officers, the Republicans refrain
ing from voting.
In the House, Rev. Mr.. Walls, of
Biddeford, representative elect, opened
the session with prayer. Assistant Sec
retary Gibbs called the certified roll fur
nished by the secretary of State, and ask
ing members to respond as their names
were called. All responded except Snow
and Water.
THE ORGANIZATION OF THE HOUSE.
AUGUSTA, Me-, January.
In the House Assistant Clerk Gibbs pro-
ceeded to call the certified roll of MEM
bers. Mr.. Hale took the floor and claim
ed that certain elected members of the
House from the cities are not on the roll
and moved that they be included. This
led to lengthy speech from MIR. Hale
and objections from the other side. Mr..
Hale was ruled out of order by the as
sistant clerk who refused to put his mo-
ton, whereupon the Republicans with
drew from further participation in the
proceedings.
A message was then sent to the Gov
o-,or ond Tounoil etatinot that n Quorum