The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1880-01-04

ity Of upinion on this subject In all the states
az W II as In the courts Of the UnIted States but
The fact Of alienage ts not allowed % % proved.
The was dstarmned Ia the Erenohville. ,a. case as
clerk was an alien. who could neither read nor
write the EnRlsh language, and where almost
esery eone9sane ~ s ,yss s5 e
eible. nor would such fact have any effect If 1t
appear d In the return itself.
Nlnih-lf u ballot has a distinguishing mark,
In the Judgment OF the Governor and Couuell.
such as would make II illegal under the statute,
have they the AUTHORITY TO discard y. ID their
Rsceftainment OF what persons appear 70 be
elaeted. where II appears by the offleial return
Of the officers Of the town that such vote was
4 d ils legality referred to the Governor and
Council for dectsion7
A.-The presiding officers are. to determine
whether ballot offered has q distinguishing
! mark or figure, 70 that the rejected voter may
procure the ballot, II he chooses, TO which no
exception can be taken. II ballots have dis,
tinRuishinR marks or figures, L is no part OF
the duty of Tho officers OF a town 10 make any
revolt In reference thereto. They should re-
s' 'a,s Tea Es ssas + + ss ha pe
tIou Of a ballot after II II received Into the
ballot. bog II s then TO be counted. The Gov
ernor and Council have nothing to do with the
question their duty Ia to count the votes. re-
aardlass Of the Tact improperly sat forth IN the
return they ore nowhere cnnstituted trihu.
nal With judicial auth oritr to determ ne what
shall constitute distinguishing mark or flg.
ure. nor can they legally refuse TO open and
eonnt votes returned 81 Maine n so2 When en-
neither be Relectlnen nor Governor and Ooun-
ell can refuse to couat 1t,
Tenh-lf the names Of person appear In
return without any number of votes being
stated or carried out against them either la
words or ngures, is L the duty Of the Governor
and O1uneil TO treat those persons IA having
the same number of vss as another person
reeaived for the same Office and whose name Is
pl cod fist, IN the returns. u they hnd dots
uqder the figures or words set against such
other PERSONS name
Air ditto marks or dots are. placed under
returned should be counted. Where il appears
by letters or figures In the lrst line and by ditto
m8rss or by dots In the folio wing lines that the
votes. there can be no ground for reiectlon.
The word ditto" and is abbreyiation to do
aud dots are ks that stand for the word
ditto, are In common use and have perfect
Nv we'll defined meaning, known to pers ona gem
orally. That meaning should not be disre-
garded. We answer the question In the affrma-
Eleventh Have the Governor and Council
the legal right To decide what kind OF evidence
they will receive. aud what ths mode Gt pro-
caedipg before them shall be to enable them to
datermlne the gennineneaE OF the returns re-
uuirsd by the article and estion OF the eonsu-
Ave assume that the genuineness Of the
return refarred TO relates eithsr TO the signs-
lures Of officers aigning. or TO alterations oil the
return. Tue Governor and Council have no
power to rfisyt turns on either ground un-
less ~ obise lon IA writing ls presented 70
\
officers. or some, OF them. are not genuine, or
that The return has been altered after 1t was
signed: then no lee thereof should be given TO
all persons Interested. aud when adjudieatlng
upon the facts the Governor aud Council
shoud be govern d In the admission Of evi.
denee by established rules Of evidence In ac-
nesaea should be duly sworn. that they
they wilfullr. and cnrruptly testify faleely The
rtturns for cause without giving the parties
heard. The genuineness of o return. In these
particulars il To be- presumed. and thIa pre-
sumption ramains uni overcome by evidence
pro1uct 4 az before Id.
Twelfth--If the Governor and Council have
before them two iiats OF ltarH returned from
the same town, differing materially from each
o'her In the numbsr OF tes returned rs cast
for the same per sons, but idente4l In all other
respeet both having been duly received at the
seeretary's office. and they have no evidence to
enable them to determine which is the true aud
genuine return. are they required TO treat
either nf them Hs valid. and III 40, which,
A.-When two lists Of votes are returned to
the office Of the Secre ary nf State bv the clerk
Of any olty. town or plantation, and both are
duly certified. the return fret received ut the
rflga OF tha Secretary of state must bs the
hasls OF aeiion of the Governor aud Council.
If defective or not true cory OF the record. 1t
can be- corrected or the Il fegts supplied only
tn accordance with the provisions OF the sta ute
relating thereto. This government rests upon
the great eGpstituti nal axiom. that oil power
In Inherent In the uepule,