The weekly miner. [volume] (Butte, Mont.) 1878-1881, 1880-01-13
FELEGRAMS !
UNITED STAT ES.

BANGOR, Jan. 3.-Thc following is the
cia text of the unanimous opinion of the
preme Judicial Court, flushed and signed
4 afternoon, in answer to the question sub
ttee by the Governor:
Question /. When the Governor and coun-
decided that there was no return from
on which Representatives can be sum-
bned to attend and take their seats in the
cislature, is it their duty to order
" election, or is it competent for the House
Representatives if ii shall appear that Shere
an election of such Representatives in
to admit them to seats, though no return
breot was made and delivered into the office
the Secretary Of State?
Answer. No authority is given to the Gov
lor and council when there is no return to
ter new election. When the seat of
preventative has been vacated by death,
ignation or otherwise, provision is made
the Revised Statutes for filling existing
Fancies. BY these provisions whenever
municipal officers therein mentioned by
means have knowledge Of the death of a
preventative electOr or of a vacancy caused
any other way it is the their duty to order
bew election. If it appears to the House Of
representatives. that there was an election of
presentatives in fact, they should be admit
to their. seats though no return thereof were
re made to the Secretary OF the State. A
preventative is not to be deprived of his
hts because the municipal officers neglected
fir duty.
question =. Is it competent for the Gov.
Or and council to allow the substitution of
Ter evidence in place of the returned copies
such lists as are provided for in Article w,
1t First of Section V of the Constitution,
enable them to determine what persons
ear to be elected Representatives to the
giSlature by a plurality of all the votca ra
med
Answer. This refers tn substitution
horiZed by an act of 1N17. Clause PIP of
Constitution calls for Il return that is
ular, in the essential forms, and which
ly represents the facts TO be described by
but much of the Constitutional require
Pit is directory merely: it does not aim at
Glvng the people Cf their right of suffrage,
Of their right Of representation for formal
Ors but aims at avoiding such results
ere the Constitutional requirement has not
fn fully or been defectively executed by
town officers j.; it is in aid of the Constitrl-
pal provision to supply omissions or def
icles as nearly and as correctly as may be.
III is the purpose of the statute. 1t is conf
ent for the Governor and council to allow
erroneous return or one that is informal
defective to be tabled and corrected by
Mteslcd copy of the record. as by statute
Weed. The object of the Constitutional
Visions respecting elections is to furnish as
ny safeguards as may be against the failure
er through fraud or mistake correctly to
ertain and declare the will Of the people
Sani in IA nf fhnir ntfipprS a nd
FHlatoIs, hence the requirement that not
shall RETURNS he made on a sheet open
The time Of meeting but a record of the
es shall be made at the same time, and
lehtcated in like manner il by accident or
lull neglect there is error or omission in
returns. What can be safer than to refer
duplicate statement by record than to
rect 1t? This the statute of 1877 allows to
Zone, and while the language is permis-
1t falls within the well known legal rule
when the public rights. are concerned it
be construed as mandatory command,
Led in language of courtesy; So clothed
ause it could not be doubted that high and
orable officials would unhesitatingly avail
nselVes of all lawful means to declare the
10 OF election according TO actual fact in
llence to the fundamental principles of
Alal government. The Governor and
neil are bound by the statute !: it is manda-
upon them il imposes IA duty to the pub
hat must be performed. Whether the act
ffed to contravenes the Constitution in
wing oral evidence to be received to show
Intention of The voters in casting their
s. is another part of .hc statute which
are now called on to consider. If uncon-
llonal in the latter respect that would not
the constitutionality of other separate
Independent provisions.
uestlon j. Is a return signed by less than
a)ority of the selectmen of a town or the
Fllnen of ID city valid within the require
us OF the same section?
lSwer. To this question we answer that.
ea town may legally elect as many rs
selectmen. the well known practice is
ect only three, and in such eases return
valid must be signed by Il majority OF
u, because by no possibility can less
ioer constitute q legal quorum. bur the
otherwise with respect to aldermen OF
f. Most of our cities are required by law
ave as many as seven aldermen, and none
mem We believe have less than five. TO
'ltute quorum it is only necessary TO
majority of the number present, and
such quorum is present majority OF
quorum may do business. SupposinS the
oer to be seven, four would constitute a
quorum, and three being majority
at quorum could legally act, although
iourth should refuse to join them or
III oppose their action. Consequently if
return from city having five. OF seven
fmen is signed by three Of them it may
valid and legal return, because only four
have been present, and in i'm such case
being majority of those present could
ly act although the fourth should oppose
action and refuse To join them. When
return is laid before the Governor and
tcll they can't know and they have no
Eto assume that the return is not valid.