The Portland daily press., 1880-01-03
SATURDAY MoRNING, JANUARY 8.

and As of the Revised Statutes Of 1857, being
article FIRST Of the amendments.
examination of that article will show that
proyision was there made for the choice of two
classes Of officers viz: "choice of Representa-
tiyes" and ''choice of any other civil officers,
etc.
The returns of the election of Representa-
tives were to be made to the aldermen of the
city; they were to open and "declare elected
the person having the requisite number OF
votes. They were then to deliver certified cop
les of the lists to the person elected. These
were his credentials. This ended the matter
at that time so far as the Representative was
concerned.
Now provision must be made for civil otfi-
GERS" So il is provided that as to those the
meeting shall be called and the other pro-
ceedings had in the same manner, las IN the
case Of votes for Representatives.
Now the meeting and voting for civil officers
having been provided for, to be done IN the
wards some provision must be made for the re-
turns. This is done in the last eight lines OF
the article.
By this the returns are to be opened examined
and compared, but no declaration made, be-
cause others are to be joined with them in de-
termning who are elected, for instance, Coun-
ty Commissioners. So the clerk is required to
make a record of them and make return OF
that record into the Secretary of States office.
In due time these latter lists were to be
opened and compared by the Governor and
Council as will appear by CHI. rs, sec. OF Re-
vised Statutes.
See also as to clerk of courts, oh. 70, sec. /;
and county attorney, sec. II. BY this arrange
ment there was complete provision for both
classes.
Towns had been provided for in the constitu-
ton by sec. g. Of art 4, Part first, page %, OF
Revised Statutes Of 1851.
Now by the amendment,in 1866 the towns
instead of giving lists to the persons elected,
sent the list to the Secretary of States office
and the Governor and Council issue sum-
mons.
Page % in Rev. st. OF 1871 shows in italics
where the change was made by cutting out
page 81. and same Revised shows the amend
ment as the substitution for what was cut out.
This, keep in mind, only relates to towns and
does not apply to cities.
Now comes the amendment for cities. Look
ing at page 46, Revision of 1871 you will see
what was cut out in italics.
Page So will show how it was done. 1t will
show there was no substitution at all for the
method of ascertaining who was elected.
1t was simply striking out all after the word
polls in the thirteenth line to and including
the word election in the twenty-frst line"
The result was to put returns into the Secre-
tary of States Office in the same manner re-
turns for civil officers were, and make no pro-
vision for taking them out.
1t dropped the representative return into the
same condition as the return for civil officers,
viz, they are sent into the Secretary of States
office under the same provision of the conStltu-
ton, and there is no provision of the constitu-
ton for the Governor and Council to open
them, either as to the representative or the
civil officer.
Their power over those of "civl officers"
comes from specific provisions of St. as before
cited as to Co. Conn clerk'of Courts ard Coun-
ty Atty. See also as to Reg. of Deeds, chap. 7,
sec. 3. County Treasurer chap. s, Sec 3. Judges
of Probate chap. 63, sec. 2. Registers OF Pro-
bate, Sec Il. Sheriffs CHI s, sec. 1.
don find any statute authority for the
Governor and Council to open and examine
the returns from cities as to their representa-
tive vote.
My opinion is, therefore, that copy of the
record of the aldermen, made under the provi-
sions of Sec 5, Art. 4, part first, as amended
under The resolve of 1864, is the proper evidence
for George Parcher to present to the clerk of
the House, showing him the duly elected Rep
resentative from this city.
RUFUS P. TAPLEY.
CITY Solicitor