Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1880-01-03
M A TNF

AUGUSTA, Me, Jan. /, 1SS0.-The
following are questions propOunded by
the Governor, to the Supreme Court,
aud sent to Chief Justice Cate last
night:
lst. When the Governor and
Council decide there are no returns
from the city on which the Represen-
tatives can be summoned to attend and
take their seats Ia the Legislature,
is 1t their duty to order a new election,
or is it competent for the House Of
Representatives., If it shall appear
That there was an election OF such
Represe natives, to admit them to their
seats, though no return thereof was
mad- and delivered into the office of
the Secretary of State?
POD. Is il competent for the Govern
or aud Council to allow the substitution
of others iD place of the returned copit g
of such lists as are provided for in
article 4, part l., section of the Con-
stitutiop, to enable them TO determine
what persons appear to be elected Rep
resentatives to the Legislature by the
plurality of votes returned?
3rd Are returns signed by mSjor-
ity Cf the select men of the town or
aldermen OF the city, valid, and within
he equirements of the same sections?
4.h. Are returns by aldermen Of the
city, which do not give the number Of
votes cast for each person voted for as
a member Of the Legislature, and do
not show what persons were voted for
"a such members in any one of the
several wards Of such city, valid
returns within the requirements Of the
same sections?
9Th Are returns from towns or
cities which are not attested by the
town or city clerk valid within the
same eectoh?
9th. Have the Governor and Coun
ell the right to r,ject the returns of
the election of members of the Legis-
lature, required by the same election
from officers of towns which were not
made, signed or sealed up in open
| town meeting?
lib. Is the return Of two persons
purpor,ing to be the selectmen OF the
| town valid aud sufficient evidence of
the vote of the town. when II appears
there were, at the time of meeting, at
which the election was had, but two
selectmen Of that town?
8h. Can person who 10 not citi-
zen of the United States. at the time,
be legally elected or constituted u
select man of town?
9th. If the ballot has q distinguish
ing M ark in the judgment of the Govs
ernor and Council, tuch as would max @
II Illegal under the statute, have they
authority to disregard 1t in their ascers
tainments of what persons appear TO
| be elected where II appears by the Of
| fetal returns of the officers of the
town that such vote was received by
the selectmen, subject to objections
and its legality referred to the Gov
ernor and Council for decision?
10Th. II the Names of persous ap-
pear in the returns without any nuns
ber of votes being stated or carried out
against them, either in words
or figures, Is it the duty OF the
Governor and Council to sest
those persons as having the same
number of votes as another person
received for the same office, and whose
name is placed first in the return if
they find dos under the figures or
words set against such other persons
| named?
1lth Have the Governor and Coun.
Gil the legal right TO decide what Kind
of evidence they will receive and what
mode OF proceedings before them shall
be to enable them to determine the
geDuineness Of the returns required
by the article and section Of the Con-
sUtution above mentioned?
18th. II the Governor and Council
have before them two lists of voters,
returned from the same town, differ.
ing materially from each other In the