Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1880-01-13

officer de lure; his title cannot be inquired
into collaterslly." (The People VS.. Cook
1 Selden, S9.) "The precise definition OF
an officer de fdeto," observes Bigelow, Z. j.,
in Fitchburg Railroad vs.. Grand junction
aud Depot Company q Allen, 559,) 81, one
who comes in by tie forms Of law, and acts
under a commission or election apparently
valid, but in consequence Of some Illegally
in capacity or want Of qualification, Is IN
capable OF holding the office" Indeed, there
il an entire unsnmity OF opinion on this
subject in all the States Of the Union where
this question has arisen, as well as Ia the
courts of the United States. But the fact OF
alienage is not allowed TO be proved This
was determined In the Frenchville case t6i
Maine, $50 where 1t was shown that the
clerk was an alien who could neither read
nor write the English language, tni where
almost every conceivable irregularities exist
ed yet evidence outside Of the returns WAS held
TO be inadmissibl,. nor would such fact have
any effect II it appeared in and BY the return
itself
o.. If, ballot has distinguishing mark in the
Judgment Of the Governor and Council, such as
would make IL Illegal under the statute have they
authority to disregard II IN their asccriainmenl oI
what persons appear 10 be elected, wherc u ap.
pcars by the Official return Of the officers otthc
Town that such vote was received ny The sclectlcn,
subject 10 tie ob Ccton and its legality referred 10
the Governor and Council for dccisiOn'
A.-The presding Off GERS are 10 determine
Wit ,her the ballet offered has q distinguish
log mark or figure, So t1&t, If rejected, the
voter may procure ballet, ifhe chooses, to
which no exception can be taken; but II the
ballot have distn gushing marks or hgures'
il is no part Of the duty of the oil !ors oil tie
town 10 make report IN reference thereto.
-
They should reject the ballot II oaerei when
It's within tie Prohibition OF the statute.
The statute prohibits the rejection OF the bal
lot latter il IL received into the ballot box.
Ii is then 20 be couniet. The governor and
council have nothing 10 do with the question;
their duty Is 20 count the votes, regardless OF
the fact improperly set forth IN tie returns;
thew are nowhere constitut ID tribunal with
judicial authority 10 determine what shall
constitute distinguishing mark or figure,
nor can they legally refuse ITO open and
count the votes returned Maine, 6O2
When the ballot has once been received IN
the ballot box, neither the selectnen nor the
governor and council can refuse TO count IT,
u.-io. II the names OF nEy persons appear ,. The
re turn without any number .! votes being statcd
or carried out against them. either IN words o,
figures. Is II the duty Of the Governor ANA CounclI
10 treat those persons as having tue same numOcr
of votes another person received Tor me SAINT
Office and whose name Is placed hrst In ihe return
If they find dots under the figures or words SCI
against suca other persons name
Aft the ditto marks or dCtJ are placed
under the figures or words Of the tirst cand-
dates vote. the return should be cOuuted
Where il appears by the letters or figures IN
the arst line, and by ditto marks or by dots
in the following lines, that the same class OF
candidate. received the same vote, there can
be no ground for rejection. The word ditto
and lis sbbreyiation "do,' and the dots or
marks that stand for the word ditto are OF
common use and have aperiecty well-detned
meaning known TO persons generally that
meaning should not be disregarded. We
answer the question in the affirmative.
Oil Have the Governor and Council the legal
rznt 10 decide what kind Of evidence they VIII r.
cciye and what the mode OF proceeding before them
shall be- to enable them 10 determine the genuine
ness OF returns required by The article anu section
OF the Constitution above mentioned
Ave assume that the ''genuineness Of
the return" referred to relates either TO the
signature OF the officers signing, or - alter
atoms of the return. The governor and
council have no power 10 reject the returns
ON either ground, unless an objection in writ
ing is presented TO them, setting forth that
the signatures Of such officers Cor some OF
them are not genuine, or that the return
has been altered siter il was signed. Then
notice thereof should be given to all persons
interested and, when sdjqdicstiug upon the
facts. the governor and council should be
governed in the admission Of evidence by the
established rules OF evidence, in accordance
with the law of this state. The wtne sses
should be duly sworn, that they may be pun
i.hsble for the crime Of perjury II they WILL
fully and corruptly testify falsely. The gov
ernor and council have no right TO REJECT the
returns for such cause without giving the
parties interested therein fair opportunity
TO be heard. The genuine ness OF the return
in these particulars is to be presumed, and
this presumption remains until overcome oy
evidence produced as before said.
o-Is Ifthe Governor and council have before
them two lsts Of votes, returned from the same
town, differing materially from each other 10 uc
number OF returned a cast Tor the same per
sons, but identical in all other respects, Ooh nav
ing been duly received at the Secrctary's Office,
AMI they have 10 evidence 10 enable then 10 uelet-
mine which is the true and genniIe return are
they required 10 treat either oil lhem as 'aiu' anu
II 80, which:
A.-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 frst re-
ceived at the Office of the Secretary must be
the basis Of the action Of the governor and
council. IL defective, or not true copy oil
the record, il can be corrected, or the defects
supplied only in accordance with the provn-
ions of the statute relating thereto. This
government rests upon the great constitution
al axiom, that "sll power is inherent IN the