The Portland daily press., 1880-09-06
"GOOD EASY READING"


This government rests upon the great constitu-
tional a1iom "that all poacer is Inherent IN the
people," ut is a government of the people, By
the people and for the people," and If. adminis-
tered In the spirit ot'sts founders, at shall not
perish from the EARTH" Its constitution acas
formed, to use the apt expression Of one achose
memory is enbalrned in the hearts of his cou7a-
trynaen, "by plain people," and '.plain people"
mast administer 1T. The ballot is the pride, as
aceu as the protection, of all. 1t is the truest in
dication of the popular aciU The official returns
required from the municipal officers of the sev-
erdl plantations, to,ons and cities, are and ,oiU
be made by '.plaira people," and made, too, IN
the hurry and hustle and excitement Of an elec-
ton. They are not required to be aoritten NTH
the scrupulous nicely Of a acriting master, or
aDih the technical accuracy of a plea IN dbdte-
naent The sentences may be ungrdn,nadtical,
the spelling mag deviate from the recognized
standard; but returns are not to be set at ,,aught
because the penmaanship may be poor, the lam
guage unsran,n,atical or the spelling erroneous.
1t is enough If the returns can be understood,
and If understood, full effect should be giuen to
their natural and obUious meaning. They are
not to be strangled By idle teclnicalities nor is
their meaning to be distorted by carping and
cdptious criticism. When that naeanangis dscer-
tanned there should be no hesitation in giuing to
1t tuN effect. The language Of Mr.. Justice Nor
ton an Strong, petitioner, 20 Pick. 4S4, is pecuz-
iarly appropriate to the subjects under discus
sion. "What," he asks, "shau be the conse-
quence of an omission by the selectmen or toacn
clerk topeyorm any Of these (their) prescribed
duties and upon aohom shall it taua For aoil-
full neglect of duty the officers scould undoatbt-
edty be liable to punishment But shall the
aohole toaoa be disfranchised by reason of the
fraud or negligence of their o6icers9 This
ayould be punis7ting the innocent for the fraud
Of the guilty; 1t aoould be more Just and more
consonant to the ge1ias and spirit Of our i,asti
tutions, to i,ict seoere penalties spom the mis-
conduct, Intentional or accidental, of the eff
GERS, bat to receiue the yotes schenever they can
be ascertained acith reasonable certainty. limo
return or any imperfect one can be received,
let it be supplied or corrected by the original
record, If any there be- The returns should
be receiUed NTH fdUor and construed acith liber
atty, for, he adds, '.trom the men that usually
are, and Of necessity, mast be employed to
make them, great tornaality and nicely cannot
be expected, and should not be required" The
general principle aohich governs is, that while
there should be a strict compliance aoith the pro-
visions of a statute, get ache'a they are merely
directory, such strict compliance is not essen-
tial to the ualidity Of proceedings uoder such
statute ataless they are declared to be therein
This is specially applicable aohen the rights Of
the public or of third persons are concerned
The dominant rule is to giye such construction
to the official acts of municipal officers as will
best conport acith the meaning and intention
Of the parties, as deriued from fair and
honest Interpretation of the language used, and
to sustain rather than to defeat the will of the
people, and thus distranchise the citizens
JOHN APPLETON,
CHARLES w. WALTON,
WM G. BARROwS,
CHARLES DANFORTH,
JOHN A. PETERS.
ARTEMAS LIBBEY,
JOSEPH w. SYMoNDs.