New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-01-04

p
20 the Others 1t is to be construed embracing those
subjects only which 1t IL particularly appcaoio
SOME RETURNS NOT VALID.
Question Arc returns from towns OF CITIES
which are not attesied by the town OF
city clerk valid within the same section
Answer-Returns from and cities which are not
atesed by town. plantation city clerk are not wand
CAN RETURNS BE REJECTED
Question 6-Have the Governor and Council right 10
reject the returns Of the election Of members OF
the Legislature required by the section from ths
sealed up in an opeu town meeting An,
Auswer-Tbe Governor and Council must act upon the
purport be made. signed and sealed up IN an ope
plantation or town meeting they CONSTITUTE INC pas :"
action Of the CanvassiDg Board Inc staenen' Vi 'N'
municipal officers is 10 every Iespect eo2c'usi'e'
CERTIFYING hGTURNs.
Question us the return OF TWO persoHs' purpof'-
ing to be seeeimen OF town, Va'u "h"
sufficient evidence OF the vote Of the town when
It appears that there were the time Of the meeting at
which the election was held but two selectmeh OF that
town. ,. 49, o,,.,,,.
from meeting for election purposes OF, Deu55
present. neglect refuse 10 At as sncn' a tno
TO do all duties required , OF uen' ns ."e
voters at such meeting may choose 30 in"I ~
selectmen pro tempore rs are necessary ,, TO
r.. S., c. 4, Section 20 In case Oh uT twn
removal Of all the selre{'ne9 70 e e"t
But the Canyassnr Board are to be governed
by the returns Evidence wonid not be adIns,
fWo selectmSH of the town The Governor and Council
cannot officially know that there are only two. ~,
the United stares at the time. be legally elected or con-
stituted a ScleCtman OF q town !!
Answer ais acts would bind that town.
Question Off ballot has Distinguishing marx
in the Judgment Of the Governor ana Conner
they the authority disregard II IN their ascertalnhen
OF what persons appear to be elected
cpa is "a
Ceived IT must be counted.
Question 1O-It names of persons appear in return
without any number being stated or carried oO
against them, either in words or hges is II the GUY OF
tie Governor and Council 10 treat those persons as nav
ing the same number OF votes as another person received
for the Same Office, ana whose name IA placed
first If they Ind dots under The figures or
words set against such other person Damt
Answer-We answer the question in the aiImatiye'
Question 1-lave the Governor and Council the ieEa
and what mode OF preceding before them there snail ne
TO enable determine The Senunene or r. turns
required nv the article and section OF the Constitution
assume that the genuinenesa OF the return
tefeTed 10 relates either TO the sgnatur the oc
signing to alterations OF the r. tutn the Governor ana
Council have no power turns OF either ground
setting forth that the signatures OF such ocers or
soIsu had hg San are nrere G aeF
Then notice thereof should he gwen 10 ,oo an
the Governor aud Council should 10 governed IN ue
admission Of evidence by the esq rnd ay 1o
right tc eject the for such cause without giving
the parties interested therein tar oppO'tuniy az NC
heard. o, - -,
fore them two lists OF returned from the same
town are they required to treat either OF theH
valid . q,
ADswer-The return first received at the office OF
the Secretary of State must be the basis OF
the. action OF the Governor and Council.
This Government rests the great constitutional
axiom that all power is nheredt in the people
GENERAL CONCLUSIONS.
The ballot is the pride well as the protection of all
1t is the truest indication Of the popular will The Off
eia returns required to be written with me
eerupulous nicely of writing master, or when
the technical accuracy OF plea IN ap ,9
ment Sentences may have been uugrammatIcal'
the spelling may deyIae from the recognized sahdar1S
but returns not 10 be set at naugbt be-
cause the peamanship may be poor, language
uncrammaica spelling enron Gus II is
enough II the be understood aud II under
stood full effect should be gwen to Their natuIh
and obvious meaning They are n0t 10 he
strangled by idle tecnnicallues, nor Is tbelT
UeanIpg 20 b. distorted by carping and capOus cli-
cism When that meaning is ascettalned there shouI1
be no hesitation III giving IL full effect
The general principle wlicn governs Is that VINE
there should be atrct compliance with The provisions
OF statute. vet when they are ely directory
sucb strict compliance is not essential To the yddi OF
the proceedings under sucn statute unless
IL Is SO declared ~ be therein his
IS specially applicable when the rights OF the
public or OF third persons, are concerned. Dominant
Iule Is to give such construction TO 0hcia
with the meaning aud Intention OF the parties, as
derived fair and honest Interpretation Of The Ian
susge used to sustain rather Than TO defeat the VIII OF
the disfranc hsed citizens.