Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1880-01-07
Maine Once More.

The judges of the supreme court of Maine
submitted answers to Governor Garcelons
questions on Saturday, and the result fully
justifies Ex-Governor Morrill's prediction
that, though the governors questions were
indirect and evasive, the court would never
theless manage to hit the real points in
volved. The opinion is clear and decisive
that the governor and council should seek to
give effect to the popular will, and not strive
to pervert that will through trihing techni
calities. The distinction is plainly drawn
between defects that are sufficiently material
to invalidate return and those which are
not. The absence of the town clerks sig
nature, for instance, is vital defect, since
the very attestation on which the value Of
the return depends is lacking. But it is
not vital defect that the vote of city is
not returned ward by ward; it is not a vital
defect that some votes are returned for
scattering when the total number so re-
turned would not affect the result it is not
a vital defect that one seectmau de Jdcto
was in law ineligible to Office; is not a vital
defect that the aldermen signing return
were majority Of those present and not a
majority of the whole board. The law in
regard to ballots with distinguishing marks
is very clearly laid down. The ballot must
be accepted or rejected by the officer of the
poll if rejected, the voter can procure
another ballot; if accepted, it must be
counted and does not invalidate the cleo
ton. The law as to the genuineness of the
attesting signatures is also well defued.
The governor and council are to presume
them genuine, unless protests accompany
the return, in which case they would b.
obliged to give notice and hear evidence.
The decision in regard to the "ditto marks
is eminently just. The conclusion of the
decision referring to the necessity of regard
ing these acts of municipal officers as the
doings of average "plain people" recurs to
principle of law which is too often for
gotten. The returns of the popular will,
says the court, are "not to be strangled by
idle technicalities." These are golden words,
and deserve much wider application than
to the desperate fraud attempted by Gov
ernor Garcelon and his associates.
Just how this decision will settle the pres
ent difficulties does not yet appear, but that il
will substantially defeat the objects of the
conspirators cannot be doubted. One of the
points decided by the court is that a majority
Of the whole number of representatives
namely, seventy-six--is requisite for a lega
quorum. Enough counted in" fusionist'
have already refused to take their seats
united with the Republicans, to prevent {
quorum. The court also declares the RICH
of the local officers in the DISTINGUISHED cite
to order new elections, and this will doubt
less result in re-seating several OF the counted
out Republicans. Thus in one way and an
other the popular voice will yet find utter
ance, and the authors of this bold attemp
to literally steal a state go out and dow
under a weight of obloquy that will foreve
serve as warning.
The latest intelligence from Augusti
states that the governor refuses to chang
his action in conformity to the opinion o
the court He says the points in the opinio
might serve as guide in the future, bu
his work had been performed under the col
stitution and statutes as he understood ther
and he should neither withdraw the certif
Gates nor issue new ones. On the othe
hand, the Republican members are all on tn
ground, and at meeting held for consulti
ton the feeling was confidently espresso
that the verdict of the court had made ther
masters of the situation, and that suffcier
number of those certified, but not elected
will refuse to act to prevent quorum a
semblng until the rightful members ae az
mitted to their seats. Neither side seen
to have absolutely determined upon couri
which may not be radically changed an
moment. The state house is guarded |
two hundred men, with arms at their col
mand. The capital is full of strangers, b,
no violence is anticipated.