Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-01-05

council such as would make it illegal under the
statute, have they authority to disregard it in
their ascertainment Of what persons appear to
be elected, where it appears by official returns
of the officers of the town such vote was re-
ceived by the selectmen subject to their objec-
ton, and its legality referred to the governor
and council for decision?
Answer-The presiding officers are to deter
mine whether the ballot offered has dlstin-
gushing mark or figure SO that, if rejected, the
voter may procure ballot, if he chooses, to
which no exception can be taken; but if
figures it is part of the duty of the
officers of the town to make any
report or reference thereto. They should re-
ject the ballot if offered where it is within the
prohibition of the statute. The statute pro-
hibits the rejection of the ballot after it is
ceived into the ballot box. 1t is then to be
counted. The governor and council have moth
ing to do with the question. Their duty is to
count the vote regardless If the fact Improperly
set forth in the returns. They are nowhere con-
stituted tribunal with Judicial authority to
determine what shall constitute distinguish
ing mark or figure. nor can they legally refuse
to open and count the votes returned (54 Maine.
602.) When ballot has been received into the
box, neither the selectmcn nor governor and
council can can refuse to count it.
QuestiOn-If names of persons appear on the
return without any number of votes being
stated, Carried out against them either in
words or figures, is it the duty of the governor
and council to treat those persons as baving the
same number of votes as another person re-
ceived for the same office, and whose name is
placed first in the return, if they find dots Jun
der figures o. words set against such other per-
sons name!
Answer-Dit.o marks or dots placed under
the figures or words of the first candidates
vote. Returns should be counted where it APP
pears by letters or figures IN the first line by
ditto marks or by dots in the following lines
that the same class of candidates received the
same vote. There can be no ground for re-
lection. The word ditto and its abrevia-
lions 'do' aud dots marks that stand for
the word ditto" are of common use, and have
a perfectly defined meaning known to persons
generally. That meaning should not be disre-
garcled. We answer the question in the affirm
alive.
Ouestiou-Have the governor and council
a legal right to decide what kind of evidence
they will receive and what the mode of pre-
ceedings before them shsll be, to enable them
to determine the genuineness of returns requir-
ed by the article and section of the constitu-
ton above mentioned!
Answer-We assume that the genuineness OF
returns" referred to, relates either to the sig
natures of officers signing, or to alterations of
returns. The governor and council have no
power to reject returns on either ground, I'M
less an objection in writing is presented to
them, setting forth that the signatures of such
officers OF SEINE one of them, are not genuine
or that the return has been altered after it was
signed. The notice thereof should be given to
all persons interested and before adiudicating
upon the facts the governor aud council should
be governed in the admission of evidence by