The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-08-28
"GOOD EASY READING.v

This government rests upon the great constitu-
tional aaions shat all poacer is inherent in the
people" 1T is a gocernnaent of the people, 5y
the people andtor the people," and if admits
tered IN the spirit Of its founders, ''it shall not
perish from the earth" It's constitution ,cas
formed, to use the apt oppression Of one aohose
memory is enbdln1ed IN the hearts of his eour,-
tly'nea. sby plain people" and plain people,
must administer it. The ballot is the pride, as
aceH as the protection, Of au 1t is the truest in
dicdtion Of the popular aciH. The official returns
required from the municipal officers OF the seq
erdt plantations, tolons and cities, are and aoM
be made by 'rldia people," and made, too, in
the hurry aud hustle and ercitement Of an elec-
ton. Ihey are not required to be pritten pith
TIE serapatous nicety Of uriting master, or
aolth The technical accuracy of plea ila abate-
ment. The sentences mag be ungrananaatical
the spelling may degiate from, the recognized
standard but returns are not to be set at asaught
because the penmanship mag be poor, the Ian
9ud9e angfdna,adt5cal, or the spelling erroneous
1t is enough if the returns can be understood,
and II understood, tatU effect should be giUen to
their natural and oboious meaning. They are
not to be Strdngled BY idle technicalities, nor is
their meaning to be distorted by carping and
captious criticism. When that Deanangis aScer-
tanned there should be no hesitation In gioing to
ataH effect. The language Of Mr. Justice Nor
ton IN Strong petitioner, 20 Pick 4S4, is pecul-
idrly appropriate to the subjects under discus
sion. "WhGt," he asks, "ShaU be the conse-
Quence Of an omission by the selectmen or toacn
clerk topeftora any Of these (their) prescribed
duties and upon achom shall it fall? For a aciL-
tut neglect Of duty the officers asould undoubt-
edty be liable to punishment. But shall the
achole torn be distfanchised By reason of the
fraud or negligence of their o1icerso Thss
acoutd be punishilag the innocent for the fraud
Of the guilty; it acould be more Just and more
consondnt to the genius and spirit of our instt-
tHto1as, to tnfict serere penalties spon the mis-
conduct, Intentional on accidental, of the eff
GERS, but to reeeire the votes echeneuer then can
De ascertdined seith reasonable certainty. If no
return or any imperfect one can be receiUed
let st De supplied or corrected By the original
record, u any there be- The returns should
be recefced scih fayor and construed aoith liber-
dlity, for, he adds from the men that usuaily
are, and Of necessity, mast be employed to
"o"''e "'e"e, yfeus JOfmUtuy uHU Utcety cuflnOt
be e1pected, and should not be required" The
general principle achich goUerns is, that achHe
there should be strict compliance acith the pro
otssoas Of stotate, get achen they are nerely
directory, such strict compliance is not essen
tidl to the odlidity of proceedings u1der such
statute, unlesS they are declared to be therein
This is specially applicable when the rights of
hepu6tic or Of third persons are concerned.
The dominant rule is to giUe such construction
to the official acts of municipal officers as aoiU
best conport acith the meaning and intention
ofthe parties, as dericed from far and
honest Interpretation Of the language used, and
to sustain rather thdn TO defeat the wiU of the
people, and thus dtsfrdnchiSe the citizens.
JOHN APPLETON,
CHARLES W. WALTON,
WM. G. BARRows,
CHARLES DANFoRTH,
JOHN A. PETERS,
ARTEMAs LIBBEY,
JOSEPH w. SYIoNDs.