The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1880-01-05

s Governor and Council, such as woult
8 make 1t illegal under the statutes, hay,
!. they authority to disregard 1t In their as
5 sortment OF what persons appear TO b.
/ elected, where 1t appears by tie officia
I returns OF the officers OF the town Bucl
/ vote was received by the Selectmen sub
Q iect to their objection, and It's legality re-
. ferred to the Governor and Council for de
D cision.
r Answer-The presiding officers are "a
determine whether the ballot offered has
distinguishing mark or figure, SO that Il
; rejected, the voter may procure the bal.
lot II he chooses, to which no exception
can be taken; but II the ballots have dis
tinguishing marks or figures it is no part
OF the duty OF the officers OF the town to
make any report or reference thereto,
They should reject the ballot il offered,
where it Is within the prohibition OF the
statute. The statute prohibits tho rejec.
ton OF the ballot "aiter 1t is received into
the ballot box" II is then 10 be counted.
The Governor and Council have nothing
to do with the question. Their duty is TO
count the vote regardless OF the iact i'm
properly set forth In returns. They are
nowhere constituted a tribunal with judi
ciary authority to determine what shall
constitute distinguishing mark or figure,
nor can they legally refuse 10 open and
count the votes returned (54 Maine, 6l2).
When a ballot has been once received in
the ballot box, neither the Selectmen nor
Governor and Council can refuse 10 count
It.
Question 10. II names OF persons ap.
pear in the return without any number OF
votes being stated or carried out against
them, either in words or figures, is It the
duty OF the Governor and Council to treat
those persons as having the same number
OF votes as another person received for
the same office? And where the name is
placed first in the return, il they find dots
under the figures or words, set against
such other persons name?
Answer-When ditto marks or dots are
placed under the figures or words Of the
first candidates votes, the return should
be counted where 1t appears by letters or
figures in the first line, and by ditto
marks or by dots in the following lines
that the same class OF candidates received
the same vote. There Gamble no ground
for objection, the word ditto aud its abbre-
Walton TO "do," and dots or marks that
stand for the word ditto, are OF common
use and have perfectly well defined
meaning, known TO persons generally.
That meaning should not be disregarded.
We answer the question in the atilrma-
tive.
Question ll.-Have the Governor aud
Council legal right to decide what kind
OF evidence they will receive, and what
the mode OF proceeding before them shall
be 10 enable them to determine the genu.
ineness OF returns required by the article |
and section OF the Constitution above |
mentioned?
Answer-We assume that "genuine.
ness OF return" referred to relates either
to signatures OF officers signing or TO alter
atoms Of returns. The Governor and
Council have no power to reject returns
on either ground, unless an objection in
writing is presented 10 them setting forth
that the signatures ot such officers Tor
some one OF them) are not genuine, or
that the return has been altered after il
was signed; then notice thereof should be
given to all persons interested, and where
adjudicating upon facts the Governor and
Council should be governed in admission
OF evidence by established rules OF evi.
denCein accordance with the law in this
State, and the witnesses should be duly
sworn, that they may be punishable for
the crime OF perjury II they wilfully and
corruptly testify falsely The Governor
and Council have no right 10 reject re-.
turns for such cause without giving the
parties interested fair opportunity to be
heard. The genuineness OF the returns
IN etSn la Ia 90 hn xaI
and this presumption remains until over
come by evidence produced as before
said.
Question 12.-Ifthe Governor and Coun.
Gil have before them two lists Of votes re.
turned from the same town, differing ma.
terially from each other in the number OF
votes returned as cast for the same per.
sons, but identical In all other respects,
both having been duly received at the Sec.
retary's office, and they have no evidence
to enable them to determine which is re
true and genuine report, are they REG. ). ed
to treat either Of them as valid2
Answer.-When two lists OF votes are
returned to the office OF the Secretary OF
State. by the Clerk OF any city, town or
plantation, and both duly certified, the re.
turn first received at the Office OF the Sec-
retary must be the basis OF action by the
Governor and Council. II defective, or
not true copy Of record, it can be cor
rected or the defects supplied only in &C.
cordance with the provisions OF the stat
ute relating thereto. This Government
rests upon the great constitutional. axiom
that all power Is inherent in the people.
at Is Government OF the people, by the
people, for the people," and il administer.
ed in the spirit OF its founders 'it shall not
perish from the EARTH" Its Constitution
was formed, 10 use an apt expression OF
one whose memory Is embalmed in the
hearts OF his countrymen, "By plain peo-
ple," and "plain people" must administer
1t. The ballot Is the pride as well as the
protection OF all. It Is the tfuest indica-
ton Of popular will. The official re-
turns REQUIRED from the municipal officers
OF the several plantations, towns and cities
are and will be made by plain people,
and made, too, In the hurry and hustle
and excitement Of election. They are moi
required to be written with the scrupulous
nicely Of writing master or with the
technical accuracy 0i plea in abatement.
Sentences may be ungrammatiCal, spelling
may deviate from recognized standards,
but returns are not brought To naught be.
cause the penmanship may be poor, Ian.
guage ungrammatical; or spelling erron-
eous. 1t is enough II the returns can be
understood, and II understood, full effect
should be given to their natural and oh.
vious meaning. They are not to be
|strangled by idletechnicalities, norris their
meaning to be distorted by car
pings and captious criticism. When that
meaning is ascertained, there should be
no hesitation in giving It full effect The
language Of Justice Morton in Strong vs.
Peter, 20 Pick. 4S4, is peculiarly appro.
pirate to the subject Under discussion.
"What," he asks, "shal be the conse.
quence Of an omission by the Selectmen
or Town Clerk to perform any OF these,
their prescribed duties, and upon whom
shall It fall? For wilful neglect OF duty,
oficera would undoubtedIv he liable In