The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1880-01-15
THR MAINE gE.EfyT0N. 4.
An Espressaoni of Dpipson Aslyerse to th
course OF the GoyeSnes knd Csunsis. ;

* i,ii ig,
An Ezpresason Of Oplnson AslYsrso to ths
course OF The SseyesnsF erd Council. :.
BAsdon, January 4.
The supreme Court has answered al
the twelve questions prcpoundad by Coy
ernor Garcelop, and its opinion on Tie
general qliestion at iasue, Out which wei
purpoAely kept out OF the questions ask'
cd, viz: Whether the course taken by the
Governor and council was right OF wrongs
IL thus given In the conclnsion of theil
answer TO the Governor:
The Government of Maine Is q govern.
meat of tho people, by the people and foI
the people, and if not administered In
the spirit OF its founders it ehalI perish
from tho earth. IT'S Constitution Has
formed, to use this apt expression Of one
whose memory 10 embalmed in the hearts
of bis countrymen, "by plain people,
and ".plain people, must administer II.
Tho ballot is the pride as well as The
protection Of all. l. Is just evidence Of
the popular will The official returns
required from the municipal officers Of
the several plantations, towns and cities
are and will he 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 scru-
pnlous nicely Of q writing master OF
with tho technical accuracy Of plea In
abatement, The sentences may have
been nngrammatical, the spelling NAV
deyinte from tho recognized atands.. dis,
but the returns are not to be set 10 naleht
because the penmanship may be poor.
the language ungrammatical OF. the
spelling erroneous. II is enough II
erturns can be understood, aud Il
understood, full effect should be aiy..
81 to their natural and obvious
Mcaning. They are not TO be strangled
by idle technicalities, nor Is their mean
ing TO be distorted by carpinfs aud cap.
tious criticisms. When that meaning "a
ascertained there should be no hesitation
in giving it in!I effect. Tho language oi
Mr. JuBtice Morton iS strong, and IL pe-
cpliarly- aps -ppriate TO the subject unAer
discassion. "What," no asks, shall. bo
the consequence of the omission of se.
lectmen or town clerks 10 perform any OF
these their prescribed duties, and upori
whom ahall it fall? Eaor wilful NEGLECT OF
duty the officers would undoubtedly be
liable to punishment, but shall q whole
toHE be disfranchised by reason of fraud
or negligence of their 1ficera7 This would
be punishing the innocent for the fraud
ofthe guilty. It wouid be more Just and
moro cons0nant to the genius ead Sririt
of our institutions to inilict seveIa penal
ties upon the misconduct, Intentional or
accidental, of the officers, but to receive
the votes whesever they can be asce. =
tanned with measurable certainty. III no
return, or only an imperfect ono, can be
received, let it be suppliad or corrected
by the original, IL any there ba. The re-
turns should be received with favor, and
construed with liberality ), for,n he adds,
"from the men who usually are and nec-
essariiy muet be employed to mako them,
greet formality and nicety cannot to ex-
pected aud should not be required. Tho
general principle which governs is that
while there should be strict compliance
with the provisions of the statute, yet
when they are merely directory such
strict compliance is not essential to che
validity Of tho proceedings under auch
statute, unless it is 80 declared to be
therein"
/. This is especially applicable when tae
rights of the public or Of third person
are concerned. The dominant rule
is to give such construction to the
official acts of municipal officers as will
best (, import with tho meaning and in
tention ofthe parties as derived from q
fair and honest Interpretation Of Ian
guage, and to sustain rather than to dc.
feat the will Of f!,e people and to diafran-
else citizens.
john APPLETON,
CHARLES w. WALTON,
VIM. G.. BAssOWe,
CHARLES DAEFoRTH,
JOHN A. PETERS,
ARTEArUS DIDBY,
JOSEPH w. SyMoNDs.
THE MAINE LEGISLATURE ORGANIZED
ny THE RIiaIoNIgTs. =
BosrolS, January.
Aapecial dispatch from Augusta, Maine,
to the Journal says !; An immenBe crowd
is in attendance at the State- House, the
rotunda, corridors, committee rooms Hn6
galleries being jammed. The members
elect, with certificates and without, and
the ''counted.out'' members, with all cor.
testants, are admitted to the floor of both
branches. AT 9.45 A. IF. the Assembly
was called to order by Assistant Clerk
Gibbs. John @. Talbot announced the
draHingo of The seats. The Republicans
are no, generally participating. Mr.
Staples, clerk of the House, is present but
does not act. Mr.. Gibbs Is presiding.
LATER.
The Republicans came in and took
pert in drawing, and every member re-
sponded except MesgrH. Water. of Farssi-
ington and Snow, OF Skowhegan, and the
fnnrtaesi In the diBiranehised cities and
towns. At 1880 q. N. taaJ Governor and
Council attended in the Senate and ad.
ministere6 the oath Of Office. The SEN
ats was organized by the choice Of Dem
ocratic officers, the Republicans refrain
ing from voting.
In tho House, Rev. Mr.. Walls, oi
Biddeford, representative elect, opened
the session with prayer Assistant Sec
retary Gibbs called the certified roll fur.
nished by the secretary Of State; and ask.
ing niembers TO respond rs their names
were called. AL responded except Snow
and Water. 80
THE oRGAEIzATIcN or THE HOUSE,
AUGUSTA, ME-, January Z.
In the Hopss AEaistaut Clerk Gibbs pro
ceeded to Sissi tiis Il .c!! &c e
bers. Mr. Hale took the door and claim
"a Ai, e esket.ss .ain1tz.l .s.a1..hnra ffF Ia.
Houas from the cities are not on the rol
and moved that they DO included. Thil
led to q lengthy speech from Mr. Hall
and objections from the other side. Mr.
Hale was ruled out of order by the as
sistant clerk Who refused 70 put his mo
ton, whereupon the Republicans With
drew from further participation In thl
proceedings.
a message was then sent S6 tl,a Cfov