Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1880-01-07
Answer. We assume that The genuine

80, Of the return reterred 10 Iei"e0S Jun"
~ ,bo SIGNATURES of the officers sl@hlng Il
" ~ the alteration of the return. Inc
u,',,,ornor and council have no power 70
srs;ect returns on either ground unless an
oGior,ion in writing is presented 10 theh'
lin, forth that the signatures oil such
oe,cors ar some one of them are not gehu-
;na or that the return has been ai'erel
actor Il was signed. Then notice lhere3i
shonld be given to all persons Interested
mi when adindclting upon the iicts the
governor and council should be governed
/ I, The admission of evidence by the es'ao-
Ii.hcd rules of evidence IN accordance
with law in this state. The witnesses
shonld he duly sworn that they may DC
punishable for the crime of perjury, II tney
wiIfullv and corruplly testify falsely. Inc
governsr and council have no right 70
Teiact the returns for such cause without
r;ying The parties Interested therein far
o,nnoriunilv to be heard. The genuineness
of return in these particulars Is 10 DC
presumed, and this presumption remains
until overcome by evidence produced It's
aforesaid.
Question II. If the governor and couh-
Gil have before them two lists OF VoVes
returned from the same town, dliierlhS
materially from each other in the NUMBER
of votes returned rs cast for the same per
sons. but identical in all other respects,
both having been duly received ut the Sec
rearv's office and they have no evidence
10 enuble them to determine which is the
true and genuine return, are they required
TO treat either of them us validP
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 are duly certified. the
return first received ut the Office of the
secretary must be the basis of the action
of the governor and council. If defective,
or not II true copy of the record, 1t can be
corrected or the defects supplied only IN
accordance with the provisions OF the
statute relating thereto.
The government rests upon the great
constitutional axiom that "AIl power Is
inherent in the people, Il is Il govern
ment of the people, by the people ana for
the people," and, if administered in the
spirit of its founders, :" it shall not perish
from the earth" lis constitution was
formed Ito use the apt expression OF one
whose memory is eMbalmed in the hearts
of his countrymen) "by plain people,
and plain people must administer it. The
ballot is the pride as well us the protection
of all. 1t is the truest indication of the
popular will. The official returns required
from the municipal officers of the several
plantations, towns and cities, are and will
be made by the plain people, and male,
too, in the hurry and hustle and excite
ment of an election. They are not required
1. f,In nI
Il writing master or with the technical
accuracy of q plea in abatement. Sen
fences may be ungrammatical, the spelling
may deviate from recognized standards,
but returns are not to be set at naught
because the penmanship may be poor. the
language ungrammatcll or the spelling
erroneous. 1t is enough if the returns
can be understood, and if understood, fall
effect should be given to their natural and
obvious meaning. They are not to be
strangled by idle tcchncalities nor in
their meaning to be distorted by earnings
md captious criticism. When that mean.
ing is ascertained there should be no
hesitation in giving it full effect. The
Iangu tge of Mr.. Justice Mortoa in Strong
vs.. Pelre, 20 Pickering, 4Sl, is peculiarly
appropriate to the subject under discus
sion. "What" he asks, shall be the
consequence Of an omission by the select
men or the town clerk to perform any of
these, their prescribed duties, and upon
whom shall it fall? For wilfuI neglect
Of duty the officers would undoubtedly be
liable to punishment; but shall the whole
town be DISTINGUISHED hv reason Of fraud
" negligence in their officers? This would
ne furnishing the innocent for the fraud of
he guilty. 1t would be more ju,t and
more consonant to the genius and spirit o.
| our institutions to inilict severe penalties
upon misconduct, intentional or accidental,
| If the officers, but to receive the votes
| whenever they can be ascertnined with
reasonable certainty. If no return or an
| imperfect one is received, let it be supplied
" corrected by the original record, if any
| here he. Returns should be received
with favor and construed with IibeMlity,
for, he adds = From men who usually
are, nay, necessarily must be employed to
make them, great formaliLy and nicely
cannot be expected and should not be re-
CURED The general principle which
governs is, that while there should be
strict compliance with the provisions of IL
statute, yet when they are merely directory
such strict compliance is not essential to
the validity of the proceedings under such
statute, unless it is declared 10 be therein.
This is especially applicable when the
rights of the public or third parties are
concerned. The dominant rule is to give
such II construction to the official acts of
municipal officers as will best comport
with the meaning and intention of parties
rs derived from fair and honest inter
probation of the language used, to sustain
rather than to defeat the will Of people
and disfranchise citizens.
JOHN APPLETON, CHARLES w. WALTON,
| WILLIAM &. BAREowS, CHARLES DAN
FORTH. JOHN A, PETERS, ARrENuS LIBBEY,
JOSEPH w. SYMoNDS.