The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-08-24
"GOOD EASY READING."

THIS government rests upon the great constitu-
tio1aal d1ione "that all power is Inherent an the
people" "It is a governnent Of the people, by
the people aradtor the people," and if adnainis-
tered in the spirit of its founders, sat shall not
perish from the earth" It's constitution acas
formed, to use the apt oppression Of one achose
memory is enbalnaed IN the hearts of his couaa-
trynaen. "by plain people," and '.plain people,
mast administer 1T. The ballot is the pride, as
aceU as the protection, Of all. II is the truest an
dication of the popular aciH. The official returns
required from the municipal officers of the SER
eral plantations, toaons and cities, are and agU
be made by '.plain people," and made, too, IN
the hurry and hustle and excitement of an cleo
ton. They are not required to be acritten acith
Me scrupulous nicely of a acriting master, or
acith the technical accuracy Of a plea IN abate-
nae'at. The sentences mag be engrananaatical,
the spelling may deoidte from the recognized
standard; but returns are not to be set at naught
because the pe,naanship mag bepoor, the lam
guage u'agraanaatical, or the spelling erroneous.
1t is enough If the returns can be understood,
and If understood, full effect should be given to
their natural and obvious meaning. They are
not to be Strdngled By idle tecnicalities nor is
their meaning to be distorted by carping and
cdptious criticism When that naednangis ascer-
tanned there should be no hesitation i,a giuing to
atuu effect. The language of Mr.. Justice Nor
ton in Strong petitioner, 20 Pick. 4S4, is pecut
iarly appropriate to the subjects ander discus
sion. "What," he asks, "shaH be the conse-
que,ce Of an omission by the selectneaa or toaon
clerk toperforn any Of these (heir) prescribed
duties and upon achons shall 1t tall9 For a aoil-
full neglect Of duty the officers soostld uadoubt-
edly be liable to punishment. But shall the
achole toaon be disfrdnchised By reason of the
fraud or negligence Of their o6icers9 This
aoould be Furnishing the innocent for the fraud
of the guilty; 1t acould be more Just and more
consonant to the genius and spirit Of our insti-
tutio,as, to inict serere penalties upon the mis-
conduct, Intentional or accidental, Of the eff
GERS, but to reeeiue the uotes achene0er they can,
be ascertai,eed acith reasonable certainty. If no
return or any imperfect one can be receiUed,
let 1t be supplied or corrected by the original
record, If any there be- The returns should
be receiued aoith fauor and construed aoith Hber
atty, for, he adds, '.from the men that usually
are, and Of necessity must be employed to
make them, great .formolity and nicely cannot
be expected, and should not be required" The
general principle achich gouerns as, that aohae
there should be a strict compliance aoith the pro
0isions. of a statute, get achen they are merely
directory such strict compliance is not essen
tial to the yalidity Of proceedings atader such
statute, unless they are declared to be therein.
This is specially applicable achen the rights Of
hepublic or Of third persons are concerned.
The dominant rule is to giUe such construction
to the official acts Of municipal officers as wiH
best conport acitht the meaning and intention
Of the parties, as deraed from a fair and
honest Interpretation ofstte language used and
to sustain rather than to defeat the aoa, of the
people, and thus disfranchise the citizens.
JOHN APPLETON,
CHARLES W. WALTON,
W1I. G. BARRows,
CHARLES DANFoRTH,
JOHN A. PETERS.
ARTEMAS LIBDEY,
JOSEPH w. SYMoNDs.