The Portland daily press., 1880-08-25
"GOOD EASY READING.o

1has government rests upon the great constitt-
tional aaiona shat all poacer is inherent an the
people" "A is a government Of the people, by
the people and for the people," and if admits
tered IN the spirit of its founders, sit shall not
perish from the earth" Its constitution acas
formed, to use the apt oppression Of one achose
memory is enbalnaed in the hearts of his coun-
trg'nen. "by plain people," and 'plain people"
must administer it. The ballot is the pride, as
aceH as the protection, of ALL 1t is the tr,est in
dtcotion Of the popular aciH. The official returns
required from the municipal officers of the ser-
erdl plantations, toaons and cities, ,are and ,oU
be made by '.plcin people," and made, too, an
the hurry and bustle and excitement of an elec-
ton. 7hey are not required to be aoritten acih
the scrupuloas nicely of a acriting master, or
aotth the technical accuracy of q plea in dbate-
nent. The sentences mag be ungrananaatical,
the spelling may deciate from. The recognized
standard; but returns are not to be set at ndught
because the pe'manship may be poor, the Ian
gudge u1egrdfanaaticdl, or the spelling erroneous.
1t as enough If the returns can be understood,
and If understood, full effect should be giuen to
their natural and o6yious meaning. 1hey are
their meaning to be distorted By carping and
cdpttouS criticism. When that naeanangis dscer-
tanned there should be no hesitation in gicing to
HfM effect. The language of Mr. Justice Nor
ton in Strong, petitioner, 90 Piek. 1884, is pecal-
idrly appropriate to the subjects under discus
sion. "Whas," he asks, ''staU be the conse-
quence Of en- omission by the selectmen or toaon
clerk toperforna any Of these (their) prescribed
dutias and apon phom shall it taU' For mil
taH neglect Of duty the officers acould undoubt-
edty be liable to punishment. But shall the
achole toacn be disfranchised by reason of the
fraud or negligence of their o1icerso THIS
aooutd be Furnishing the innocent for the fraud
OF the guilty; at acould be more Just and more
consondnt to the genius and spirit of Oet. insti-
tutions, to infict secere penalties upoaa the mis-
conduct, Intentional or accidental, of the eff
GERS, but to receiUe the uotes acheneger then can
be dscertdined arith reasonable certainty. If no
return Or any imperfect one can be received,
let a DC supplied or corrected by the original
record, u ary there be-" The returns should
DC feeeiced scith taror and construed acith hber-
ality, for, he adds, ".fron, the men that usually
are, and Of necessity, must be employed to
"e"he "ee"' Jfeb JoTW0ttty ana Rtcety cdnnOt
be expected, and should not be required" The
general principle achich gouea,s is, that ghae
there should be a strict compliance wih the pro-
rissons Of statute, get achen they are merely
directory, such strict compliance is not essen-
ttat TO the cdlidity Of proceedings under such
statute, anless they are declared to be therein
THIS IS specially applicable when the rights of
hepubtic or Of third persons are concerned.
The dominant rule is to giUe sach a construction
to the official acts Of municipal officers as acil
best comport acith the meaning and intention
ofhe parties, as derived from a fair and
honest Interpretation Of the language used, and
to sustain rather than to defeat the soM of the
people, and thus disfranchise the citizens.
JOHN APPLETON,
CHARLES w. WALTON,
WM. G. BARRows,
CHARLES DANFoRTH,
JOHN A. PETERS.
| ARTEMAs LIBBEY,
JOSEPH w. SYMoNDs.