The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1880-01-08

pie nHss adninlsterit. The ballot Is
the PRIDE as we'll as the protection of
all. 1t is the best indication of the
popular will. Official returns n qpired
from municipal officers of several plan
tstions, towns and cities are and
will be made by plain people, aud
made, too, in hurry and hustle and
excitement of elections. They are not
required to be written with the scrip
turai nicely of writing
master, or with technical sccu-
Isoy of plea in abatement sem
fences msy hsve been uogrammatical.
The spelling may divert from the re
cogn' zed standard, but the returns are
not to be set to nsught because the
penmanship may be poor, the language
unsrammstlcal or spelling erroneous. Ii
is enough il the returns can be under
stood, and if understood full effec,
should be given TO their natural and
Obvious meanings. They are not to be
strsngled by idle techDicalities nor is
their meaning to be distorted by carp
ing and capuous criticism. When the
meaning Is ascertained there should be
no hesitsting in giving it full effect.
The language of Mr. Justice Morton is
strong and Is peculiarly appropriate to
the SUBJECTS under DISCUSSION. What
he asks, shall be the const auence OF
omission by the selectmen or town
clerk to perform any of these prescribed
duties, and upon whom shall it
fall for the wilfull neglect of
duty9 The officers would undoubtedly
be liable TO punishment by reason Of
fraud or negligence. This would be
punishing the innocent for the fraud
of the guilty. 1t would be more Just
and more in eonsonauce with the
| generous spirit of our institutions
to intiiot severe penalties upon the mis-
conduct, intentional and accidental, of
officers, but to receive votes when
ever they can be ascertained with rea-
sonable certainty. Ii no return or
only an imperfect one can be received,
let it be supplied or corrected by the
original record, If any there be. Re-
turns should be received with favor
ana construed with liberality, for, he
adds, from the men who usually are,
and necessarily must be, employed to
make them great formslity and nicely
cannot be expected, a, d should not be
required. The general priaciple which
| governs IS that these should be strict
anG comply with the provisions of the
statute, yet, when thry nIe merely di-
rectory, such strict compliance is not
essential to the validity of the pro-
ceedings under such statute, unless it
is so declared 10 be therein. This is
especially applicable when the rights
of the public or of third parsons are
concerned. The dominant rule Is to
| give such construction to the official
acts of municipal officers as will best
comport with their meaning and inter-
eats of all parties as derived from q
fair and honest Interpretation of the
language used, to sanction rather than
to defeat the will Of the people and
disfrsnchIse citizens.
>-50nN APPLETON, G. j.
! w. w. ALTON,
VIM. G. BARRows,
| JHAs. DANFoRTH,
JOHN A PETERS,
ARTEMUs LIBBRY,
JOSEPH w. SYMoNIs.
MONTGOMERY, Ala, January c.
Governor Cobb fills the vacancy in the
United States Senate caused by the
death OF Senator Houston by appoint
ing Luke Pryor, of Athens. He has
never been an officeholder, always de-
clinlng, but is an able man and lawyer
OF fine ability. He was the law partner
of Senator Houston. The election by
the Legislature will take place in No
vember next.
AUGUSTA, Me-, January 6.-Mr. Vol
Ter, of Pennington, counted in MEM
Der, persists In refusing his certificate,
and will decline to participate in the
proceedings of the Legislature. Mr..
SprOule, of Veszie, also still adheres to
his determination to keep away ftom
the Legislature. Three other Fusion
members are known positively to re-
fuse certificates, and one or two are de-
tanned home by sickness; the remain
der are here participating in the caucus
but it is not known whether all of
them will take part in the organization
or not.
Mr.. Hobson, counted in member from
Lincoln, says he Intends to do what is
ri ght, and follow the Greenbsck party,
and that he shall take his seat and inn
mediately make a motion to raise q
committee to investigate the election
in Lincoln county. Fifty extra
men were placed in the State House
this morning about 10 o'clock, and it
is stated that one hundred more armed
men will be placed there tonight. A
partial organization of the State mi
litia is announced by Gen. Chamber
lin. Petitions to admit twelve counted
out members from Rockland, Bath,
S4co, Portland and Lewiston were pre-
sented to the Governor and council this
morning, and hearing is appointed
for this afternoon.
ATLANTA, January @. - Governor
Colquitt to-day issued writ against
Treasurer Reufrow and his sureties for
about $50, 900, which 10 the amount of
interest taken by them, OF the use of
the Safes money and fines for the
same. The writ is issued under res
olution of the last Legislature. Rem
frow and his sureties will fight the case
In the courts.
| WASHINGTON, January 9 The House
Committee on Appropriations will meet
Thursday, but it is hardly probable
that any bill will be agreed on this
week, though the subcommittee, dur
ing the recess, have been diligently at
work on the army suudry civil and Dis
trict of ColumhIs appropriation bills.
The army appropriation bill will pro-
| baby remain in staiu quo until the
views of the House are expressed on
the subject of the reorganization of the
army. 1t IS generally understood that
bill will coon be introduced providing
for radical changes in its organization,
which must involve thorough revision
of the items of the appropriation.
NEW YORK, January Ga FIRE broke
out at O'Clock this morning IN the oil
works OF Lambard e. Ayers on North
river, at the foot OF 8 xty-sixth street
The fire was caused By the bursting OF
an oil still, and the flames fpread with
great rapidity. FIVE persons were se-
riously burned, one probably fatally.
AUGUSTA. Me-, January 6.-Gen.
Chamberlin has taken charge of the
police force at the Stat. House, and
guns from the Bangor arsenal have
been packed away in boxes. Beth par
ties hOld caucuses this evening In hall
on Water street.
Thes. Swsn, Democratic member
elect OF the House from Menot, has
written a letter TO the chairman Of the