National Republican., 1880-01-05


will receive, and what mode Of proceeding be.
fore them to determine the gcnuincncss Of re.
turns required by the article and section Of
the Constitution above mentioned?
Answcr.-Wc assume that the commences
of the return referred to relates either to the
signatures of the officers signing or to altera-
tons of the returns. The Governor and COun-
Gil have no power to reject returns on either
ground, unless an objection in writing Is pre-
sonted to them setting forth that the sigma
lures of such officers, or some of them, arc not
genuine, or that the return had been altered
after it was signed. Then notice thereof
should be given to all persons interested, and
when adjudicating upon facts the Governorhnd
Council should be governed in the admission
of evidence by tho established rules of owl.
dcnce, in accordance with tho laws of this
State. The witnesses should be duly sworn,
that they may be punishable for tho crime Of
PERJURY If they willlully and corruptly testify
falsely. The Governor aud Council have no
right to reject the returns for such cause with
out giving the parties interested therein fair
opportunity TO be heard. The genuincmoss of
a return IN these particulars is to be presumed,
and this presumption remains until overcome
by evidence, produced as before said.
Question EFF the Governor and Council
have before them two lists of votes returned
from the samo town, differing materially from
each other III tho number OF votes returned
as cast for the same persons, but identical in
all other respects, both having been duly re-
ceiyed at tho Secrctary's office, and they have
no evidence TO enable them to determine
which is the true aud genuine return are they
required TO treat either of them as valid?
Answcr.-Whon two lists Of votes are re-
turned to the Office of the Secretary of State
by the clerk of any city, town or plantation,
and both are duly certified, the return first ro.
cclyod at the Office Of tho Secretary OF state
must be the basis of tho action
of the Governor aud Council. If defective or
not true copy Of the record 1t can
be corrected or the defects supplied
only in accordance with the provisions Of tho
statute relating thereto. This government
rests upon the great constitutional axiom that
all power is inherent in the people. 1T 10 n
government of the people, by the people, for the
people," and If administered in the spirit of its
founders, "it shall not perish from tho earth"
lis Constitution was formed, to use the apt
expression of ono whose memory is embalmcd
in the hearts of his cOuntrymen, by plain
people," aud plain people" must administer
it. The ballot is the pride as well rs the pro.
lection of all; it Is the trucst indication Of the
popular will. The official returns required
from the municipal officers Of several pIanLa-
tions, towns and cities are and will be made
by plain people," and made, too, in tho hurry
aud hustle and excitement of an election.
the sCrupulou5 nicely of u writng.master, or
with tho technical accuracy of a plea in abate-
ment: sentences may have been ungrammati-
CAL tho spelling may deviate from the
recognized standards, but returns are not to
be set at naught because the penmInship may
be poor language ungrammatical or spelling
erroneous. II is enough if the returns can bo
understood, and if understood, full effect
should be given to their natural and obvious
mn M n hp al trnn ~ lp1 l,y
idle tecEnicalites, nor is the meaning to be
distorted by carpings and captious criticism.
When that meaning is asccrtaincd there
should bo no hesitation in giving it full object,
Tho language of Mr.. Justice Morton lin
Strong) is peculiarly appropriate to tho sub
jcct under discussion. "What," he asks Shall
be the consequence of an omission by the
selectmen or town clerk to perform any of
these (thcir) prescribed duties, and upon
whom shall it fall? For williul neglect OF
duty officers would undoubtedly be liable to
punishment, but shall q whole town be dis
lranchised by reason of the fraud or ncgli-
gcnce of their officers? This would be punish-
ing the innocent for the fraud of tho guilty.
1t would be moro just and more consomant to
the genius and spirit of our institutions TO in
flict severe penalties upon tho misconduct, in
tcntional or accidental, Of officers but to re.
coive votes whenever they can be ascertained
with reasonable certainty. If no return, or
only an imperfect one, eau bo received, let it
be supplied or corrected by tho orgi-
nal record, if any there be-" Re-
turns should be received with favor and
construed with liberality, for, ho adds from
men who usually are, and necessarily must bo,
employed to make them, great Iormality and
nicely cannot be expected, and should not be
required. The general principle which gov
erns is, that while there shnuid be strict com :
pliRnco with the provisions of statute yet
when they arc merely directory, such strict
compliance is not essential to tho validity of
the proceeding under such statute unless it is
so dictated to bo therein.
This is specially applicable when the rights
Of the public or of third persons are concerned.
Dominant rule Is to give such construction
to official acts of municipal officers rs will lest
comport with tho meaning and intention OF
the parties as derived from tair and honest
Interpretation of the language used; to sustain
rather than to defeat the will of the people and
dislranchisc citizens.
(Signed) JOHN APPLETON,
CHARLES w. WALTON,
WILLIAM G.. BARRows,
CHARLES DANFORTu,
JOIN A. PETERS,
ARTEMUs LIBBEY,
JOSEPH w. SYMoNDs.