Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1880-01-09

anu bllfli hNtlOl MOulO DG ltEtlt OuL IIlt
canvassing board are to be governed by
the returns. Evidence would not be
admissible to prove the fact that there
were but two selectmen OF the town.
The governor and council officially
know there are only two.
| Question S-Can person who is not
a citizen Of the United States at the
time be legally elected or constituted q
seIectman Of the town.
Answer-A person not citizen
may be elected or constituted select
man, 80 that his official acts bind the
town and are valid. So far AZ they ef.
feet the public, such n one would be
an officer dr. Jdct0, and clothed with APP
parent right. His acts would bind the
town, Dane Is, Derby 81, Maine %. An
officer de fdeto is one who comes into Of
flee by color Of legal appointment or
election. His acts in that capacity are
as valid as far ~ the public il concern
ed MS the acts Of officers de jve. His
title cannot be inquired into collateral
". The people vs.. Cook 4, Seden So
The precise definition Of an officer
de'flcio observes Bigelow G. j., Fitch
burg, and II. II. CO., w. Grand juno.
ton, and Depot Company Allen 557
Is one who comes IN by forms of law
and acts under n commits
sion or election apparently
valid, but i'll consequence Of some He
gality, incapacity or want Of qualliica-
ton, is not capable Of holding oliic &c. In
deed, there is entire unanimity Of opin.
ion on this subject, in all the states of
the union where this question has arisen,
as well as the courts Of the United
States; but the fact Of alienage is not al
lowed to be proved This was deter
mined ia the Frenchville case-G4
Maine 6S9-where il was shown that the
clerk was an alien who could neither
read nor write the English language,
and where almost every conceivable lr-
regularity existed, yet the evidence out
side Of the returns was held inadmiss
bic. Nor would such Il fact have any
effect if it appeared in the body Of the
retGrn itself.
Question Of the ballot has dis
tnguishing mark, IN the judgment OF
the governor and council, such as would
make it illegal under the statute, have
they the authority TO disregard it in
their entertainment Of what persons
appear to be elected, where 1t appears
by the official returns Of the officers Of
the town TINT sucn vote was received
by the selcctmen, subject to their oh
lection, and ITS legality referred to the
governor and council for decision
Answer The presiding officers are to
determine whether the ballot offered
has distinguishing mark or figure, so
that, if rejected, the voter may procure
q ballot If he chooses, to which no eX-
ception can be taken; bat if the ballots
have distinguishing marks or figures, il
is no part OF the duty of the Officers of
the town to make any report or refer.
ence thereto. They should reject the
ballot II offered where it il within the
prohibition of the statute. The ttatute
prohibits the rejection Of u ballot after
it is received into the ballot box. 1t is
then 10 bo counted. The governor ana
council have nothing to do with the
question. Their duty is to count the
vote regardless Of the fact, Improperly
set forth ia the returns. They are no.
where constituted tribunal with judi.
cial authority to determine what shall
constitute distinguishing mark or fig
ure; nor can they legally refuse 20
count the votes returned, 81 Maine, COZ,
when ballot has been once received
in the ballot box, neither the selectmen
nor the governor and council can re-
fuse To count 1t.
Question 10.-lf the names of per
Sous appear IN the returns without amy
number of votes being stated, carried
out against them, either III words or
figures, is il the duty of the governor
and council to treat these persons Ms
having tho same number of votes rs an
o.her person received for the same Of
lice and whose name is placed first III
the return; il they find dots under the
figures or words sci against such other
persons name.
Answcr--lf the ditto marks or dots
are placed under figures or words olthe
flst candidates. vote, the returns should
he counted where il appears by letters
or figures in the first limo, and 10y ditto
marks or 10y dots in the following lines
that the Same class Of car didates re-
ceived the same vote. There can be no
ground for the rejection Of the word
ditto and its abbreviation to "do"
and dots or marks that stand for the
word ditto. The word ditto is of com.
mon use and has II perfectly, well de.
fined meaning, known to persons gen
orally. Tint meaning should not be
disregarded; we answer the question III
the affirmative.
Question II Have the governor and
council the legal right to decide what
kind Of evidence they will receive and
what mode of proceeding before them
shall be had to enable them to deter
mine the commences of returns, re-
quired by the article and section of the
constitution above mentioned2
Answcr--We assume that the gtnu-
ineuess of the returns referred to re-
lates either to the signatures OF The OIL.
GERS signing or TO alterations Of returns.
The governor and council have no pow
er to reject the returns on eitherg ground
unless IN objection iii writing is pre-.
scented to them setting forth that
the signatures Of such officers or some