The Northern Pacific farmer. [volume] (Wadena, Minn.) 1878-1885, 1880-01-08
dence before us to determine that ques.
GOV. GARCELON's LETTER.

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ton.
GOV. aARCELON's LETTER.
To the Public: kilograms and sugges.
stions having reached the undersigned
to the effect that Gov. Garcelon and his
council owe to the democracy of the
United States particularly, and the public
generally, full, explicit explanation of
exactly what they have done and why
they did it, I herewith submit for gen
eral information a concise statement of
the constitutional requirements in re-
lation to elections of senators and rep.
resentatives in this state, and the action
of the governor and council in the dis
charge of the duty imposed upon them
by that instrument and the statute law 8
in accord Herewith. The statutes reg
ulate the mode of the calling of meet
ings, but the constitution prescribes the
qualifications of representatives, and
declares that the selectmen of towns
or municipal officers of cities shall pre-.
side impartially at such meetings, re-
ceive the votes of the qualified electors
present, sort, count and declare them
in open town meetings and in the pres
ence of the town clerk, who shall form
a list of the persons voted for, with the
number of votes for each person against
his name, and shall make fair record
thereof in the presence of the select
men and in open town meeting; and
fair copies of the lists of votes shall be
attested by the selectmen and town
clerks of towns and the assessors of
plantations and sealed up in open town
and plantation meetings, and the clerks
of the several towns and plantations are
to cause the same to be delivered into
the Office of the secretary of state thirty
days at least before the first Wednes-
day of January annually; and the
governor and council shall examine the
returned copies of such lists, and
twenty days before the first Wednesday
of January shall issue a summons to
sucn persons as shall appear to be
elected by plurality of all the votes
returned to attend and take their seats.
So much for the constitution. Supple
mentary to this the statutes provide
(chapter 4, section 32) that in order to
determine the result of any election by
ballot. the number OF persons voted for
shall first be ascertained by counting
the whole number of separate ballots
given in, which shall be distinctly stated,
recorded and returned. Blanks are not
to be counted as votes, and votes for
persons not eligible to the Office shall
not be counted as votes, but the num-
Der of such blanks and the number and
names on ballots for persons not eligible
shall be recorded and returns made
thereof. These provisions of the consti-
tuition and the laws apply to cities as
we'll as towns and plantations, and i'm
pose upon them-that is the municipal
offcers-the duty of examining and
comparing the lists of votes gwen in the
several wards, of which the city clerk
shall make q record, and return there
of shall be made in the same manner
as selectmen of towns are required to
do. Such are the plain and unmistaka-
bic provisions of the constitution of this
state, and in the discharge of their duty
of examining the returns and issuing
certificates or summons to the parties
appearing to be elected, the governor
and council have not only endeavored
to follow both the letter and spirit Of
the constitution and laws made in &C.
cordance Herewith as indicated by their
own judgment. but the advice of their
duly appointed legal officer, aided by
the best legal talent in the state.
And here let it be remembered,
that the decision of the governor and
council is not final. The constitution
makes the senate and house of repre-
sentatives respectively the final arbiters
of the election of their own members.
All the lists or returns which have been
confided to the council are to be laid
before the senate and house of repre-
sentatives on the first Wednesday of
January annually, and they shall final
ly determine who are elected. With
these directions and requirements be-
fore them, what is the governor and
council required to do? To examine
these returns, ascertain their validity
and compare them with the provisions
of the constitution and the law. And
first, they must have been sealed in
open town meeting and in presence of
the .selectmen, and by necessary impi-
cation must come into the hands of the
governor and council in that condition.
Secondly, they must be genuine returns,
coming from bona fde towns or planta-
tons legally constituted and organized.
Thirdly, they must be signed by tn lie
gal officers of the towns that is, as de-
cided by the courts, by majority of the
municipal officers of town or city
and certified by the clerk. Fourthly,
they must contain q statement of the
whole number of ballots cast for the Of
fcers voted for and the Office for which
he was voted to fill. Filthy, the name
OF each person voted for, with the num-
Der of votes against his name that were
thrown for him. Sixthly, the names of
the officers signing the returns must be
written with their own hands las per ju-