Smyrna times., 1880-01-07

The MAINE INTERNATIONALLY Supreme
Court Of Maine to whom were referred the
various points Of fact and law affecting the
act Of Governor Garcelon and his council in
counting out the 81 Republicans, made a
report on Saturday unanimously condemn
ing their course as against right and prece-
dent. The first answer by the Court de-
clares that it is not only competent for
the House of Representatives,, but is its
plain duty, to admit 10 seats members who
were really elected, though no return was
made, and the Court say A representative
is NOT to be deprived of his rights because
municipal officers have neglected their
/ duty" To the second question. "Is it
competent for the Governor and Council to
alloy substitution of other evidence in place
of the returns?" the Court reply: "The
Constitution does not aim at depriVing the
people of their right of representation for
formal errors, but aims at avoiding such q
result" The third answer relates to returns
signed by less than majority of the Alder
mon of city, and is that majority being
a quorum with full power to act, majority
Of that majority can make a valid return.
Therefore, " a return signed by less than q
majority Of the whole number may, and, 30
far as the Governor and Council are con.
cernsd, is, conclusively presumed TO be
valid. they have no right to 60 behind the
return AS to scattering votes the fourth
answer says:
The Governor and Council cannot off.
cially know, nor have they the right to
assume, that the votes returned as scatter.
ing were not actual ballots with the word
scattering" written thereon; nor is tbs
F election of the candidates to be chosen by
a plurality of votes to be defeated because
: the whole number Of votes or ballots may
be stated erronOously, or net stated at all
, The fifth answer is that returns signed by
| a clerk pro tempore have the same forcs
| and effect as if signed by the clerk" The
t sixth is that the Governor and Council have
5 no power to inquire whether returns were
4 signed and sealed in open meeting. The
seventh and eight sweep away pettifogginl
1 as to the number or alisnage Of Selectmen
= and the ninth, as to ballots with distin
. gushing mark, is that "when a ballot ha
t been once received in the ballot. box nsithe
J, Selectmen nor Governor and Council cal
/ refuse to count it." The tenth is that tn,
n use of edo" or ditto" opposite q candi
e dates name, in place of words or figure
e showing separately the number of votes cas-
l. for him, gives mo ground for rejection.
:. The eleventh maintains, as to alleged fol
}, geries or alterations, that 1.-THE Governo
k and Council have no right to reject tn
v returns for such cause without giving tn
/, parties interested therein fair opportunit
< to be heard" or without evidence undo
/. oath. The truth is that if two returns ar
h received, the first must stand, but, if defeC
IS tive, must be corrected from the rscor
r. according to the Statute of 1877.
D. 1t will be seen that these answers leav
e. no legal excuse whatever for the exclusion
of single one Of the Representatives /
whom certificates have been refused.
10 The opinion rendered by the Suprem
" Judicial Court, has been without effec
is upon Governor Garcelon, who says that
al may be valuable as guide in the future
1t but cannot influence him to retract hi
ir action. He is sustained by most Of tn
% Democrats and Greenbackess at Augusta
A, and only five Fusionists are known who wi
e refuse to take seats in the Legislature
d The Republicans will try to prevent
d quorum from meeting. The Governor
s after consulting with General Chamberlain
E. has decided that the militia will not be r.
l. CURED to preserve the peace.