, 1880-01-04
UPRIGHT JUDGES,
As Opposed to Downright Thiev-
cry in the Maine
Case.
a Unanimous Opinion Condemn
ing the Garcelonian
Process.
Every Point Of the Nefarious Scheme
Turned Against It's Au-
th0rs,
The Governor and Council Are Not
Clothed with judicial Au-
thority,
And They Have No Power to
Go Behind the Re-
turns.
The Intention of the Voter the
: Paramount Considera-
tion.
Still Another Fusionist Declines
to Take Part in the
- Steal.
Democrats and Greenbaokers Assemble
Their Forces at the Cap
itol,
oe Ns-o H,,+ Nh FJ1ovr ~.
Still Another Fusionist Declines
to Take Part in the
- Steal.
Democrats and Greenbaokers Assemble
Their Forces at the Cap
itol,
But as Yet Give Out No C1ew as to
=. Their Program.
PROMPTLY ANSWERED.

0As ~ 4A1AOAs ~ ~ <+% VI AMMAN
BANGOR, Me-, Jan. 3.-The following is the
official text Of the unanimous opinion of the
Supreme Judicial Court furnished and
signed this afternoon, in answer to the Ques-
tions submitted by the Governor:
BANGOR, Jan. .3-I0 the Hon. Alo7zo
Gdrcelo717 Governor OF Maine The under
signed Justices Of the Supreme Judicial
Court have the honor to submit the following
answers to the questions proposed:
Question 1-When the Governor and Coun-
ell decided that there is no return from a
cityon which Representatives can be sum-
moned to attends and take their seats in the
Legislature, is it 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 Representatives in
fact, to admit them to seats, though no re-
turn thereof. .was made and delivered into
the ofhc8.of the Secretary Of State?
Answet-No authority is given to the Gov
ernor and Council when there is no return
to order new election. When the seat Of a
Representative has been vacated by death,
resignation, or otherwise, provision is made
by Revised Statutes, Chap. 4, Secs. s., a, and
~, for the filing Of existing vacancies. BY
these provisions, whenever the municipal Off
GERS therein mentioned by any means have
knowledge Of the death Of a Representative
elect, or Of q vacancy caused in any other
way, it is their duty to order new election.
If it appears to the House Of Represent
atives that there was an election Of
Representatives in fact, they should admit
them to their seats, though no return thereof
was made to the Secretary of State. The
Representative is not to be deprived Of his
rights because municipal officers
HAVE NEGLECTED THEIR DUTY.
Question 2-Is it competent for the Gov
of other evidence in place of the returned
copies Of such lists as are provided in Art.
i, Part 1, Sec. S Of the Constitution, to
enable them to determine what persons
"appear to be e1ected'' Representatives to
the Legislature ''by plurality Of all votes
returned?"
Answer-This refers to the substitution
authorized by the act of 1877, Chap. 213. The
Constitution calls for the return that is regu-
lar In essential forms, and which truly repre-
sents the facts to be described by it; but
much Of the constitutional requirement is di-
rectory merely. It does not aim at depriving
the people of their right to suffrage or Of their
right Of representation for formal errors, but
aims at avoiding such result Where
the constitutional requirement has not
been fully or been defectively exc
cuted by the town officers, it IS
in aid Of the constitutional provision to sup
ply the omission or deficiency as nearly and
as correctly as may be-. Such is the purpose
Of the statute. It is competent for the Gov
ernor and Council to allow an erroneous re-
turn, or one that is informal or defective,
TO BE AIDED AND CORRECTED
by an attested copy Of the record, as by the
statute provided. The object of the constf-
tutional provisions respecting election Is to
furnish as many safeguards as may be
against failure, either through fraud
Or mistake, correctly to ascertain and
declare the will Of the people as
expressed in the choice Of their
officers and Legislators. Hence the require
nent that not only shall returns be made on
he spot in open town meeting, but record
If the vote shall be made at the same time,
md authenticated. In like manner, If by ac-
;ident or willfu1 neglect there is an error or
omission in the return, what can be safer
han to refer to the duplicate statement by
:ecord to cor1ectit2 This the statute Of 1877,
Chap. 21a, allows to be done; and, while the |
anguage is peImissiye, it falls within we'll |
Known legal rule that, when public rights
ire concerned, it shall be
CONSTRUED AS MANDATORY, |
command clothed in language of courtesy, |
o clothed because it could not be doubted !
hat high and honorable officials would un-
lesitatngly avail themselves Of all lawful |
neans to declare the result Of the election ac-
,~<1;,,- +,, III, oot,ot fort in nhadianca IN f1a