Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-01-04
BOGUS CERTIFICATES OF ELECTION.


ties that certificates Of election have been is
sued blank, bearing the seal of the secretary
of state, and given to Republican members who
have been counted ont. Appended to the GER
tifcates are the words You will be protected"
WILL NOT TAKE HIS SEAT.
FARMISGToN, Me-. Jan. 3.-Louis Voler, Dem
ocrat counted in by the fusiorists as repre-
sentative. has returned his certificate to the
governor believing the reason given for the
disfranchisement of Pennington is not suffi-
Gent to justify his acceptance of the position.
THE OPINION OF THE JUDGES.
AUGUSTA, Me-, Jan. 3,-The opinion of the
Judges on the questions submitted by Gov.
Garcelon, is expected to be promulgated at
Bangor today. There are indications that the
opinion will be full and sweeping, covering
most of the points at issue. The Republicans
are highly elated, and are looking for sweep
ing endorsement of the Republican position,
and that 1t Will give them control of the legis-
lature beyond doubt. The opposition appears
to be depressed correspondingly, though they
cannot give any certain or substantial reason
for depression. They say that the legislature
Will be duly and promptly organized,
Wednesday, by the appearance Of the
certitcated members, and legislation will
promptly proceed, Notwithstanding the boast
of the Eepu blicans that quorum will be
present. tOur FUSION uemDeES nave already
indicated that they will not accept their certi-
fcates. Eugene Hale and Stephen d. Lind
sey, member of Congress, came here this morn
ing. Lindsey expresses the opinion that the
counting out will not succeed and that the
members will do ustice to those who have
been deprived of their seats. 1t is known no
official orders were issued for tie employ
ment OF armed police at the State house. Most
of the State officials say they disapprove of the
act. A few members-elect are here. More will
come by the night train.
TEXT OF THE OPINION
BANGOR, Jan. 3.--The following is the Of
fetal text of the unanimous opinion of the su-
preme judicial court, finished and signed this
afternoon, in answer to the questions admitted
by the governor
To the Honorable Alonzo Garceion, governor
of Maine:
BANGOR, Jan. g. lSSO.-The undersigned.
Justices of the supreme judicial court, have
the honor to submit the following answers to
the questions proposed:
Question-When the governor and council
decided that there is no return from a city on
which representatives, can be summoned 10 at
tend and take their seats In the legislature, is
1t their duty to order new election or is it
competent for the House of Representatives, if
It shall appear there election of such
Representatives in fact, to admit them to seats
livered into the office of the secretary of state?
Answer-No authority is given to the gov
ernor and council, when there Is no return. to
order new election. When the seat of q rep
resentative has been vacated by death, resigna-
ton or otherwise provision is made by revised
statutes. chapter 1, sections SO, Al, A., for the
filing of existing vacancies. These provisions
whenever the municipal officers therein men
toned by any means have knowledge of the
death Of representatives elect, or of vacancy
caused IN any other way, it is their duty TO or
der = ne~ election. If it appears to the house
OF representatives, that there election of
representatives in fact they should admit them
to their seats, though no return thereof was
made to the secro tary OF state. a representa-
tive is not IL he deprived of his rights be ause
the municipal officers have neglected their
dutic,.
Question-is it competent foc the Governor
and council 10 allow the substitution of other
evidence IN place of the returned copies of such
lists as are provided for in article T. part Ist
section of tho constitution, to enable them
to determine what persons appear to be elected
Representatives to the legislature by plurality
of all votes returned.
Answer-This refers to the substitution au-
thorized by the act of 1877, chapter 2l2. The
constitution calls for return that is regular In
essential forms, and which truly represents the
facts to be described by it. but much of the
constitutional requirement is directory merely
1t does not aim at depriving the people of their
right of suffrage of their right
of representation for formal errors.
but aims at avoiding such result where the
constitutional requirement has not been fully
or has been effectively executed by town Off
GERS. 1t is in aid of the constitutional provis-
ion to supply omission or deficiency as nearly
and correctly may be. Such Is the pur-
pose of the statute. 1t is competent for the
governor and council to allow erroneous re-
turn OF one that is informal OF defective to
be aided and corrected by an attested COPY of
the record as by statute provided. The object
of the constitutional provision respecting
elections is to furnish many safeguards as
may be against failure, either through fraud or
mistake, correctly to ascertain and declare the
will of the people, as expressed in the choice
of their officers and legislators
Hence the requirement that not
only shall returns be made on the spot in open
town meeting, but record of the vote shall
be made at the same time and authenticated
in like manner. If by accident or wilful neglect
there is error or omission in the returns, what
can be safer than to refer to the duplicate
statement of record to correct it? This the
statute of 1877, chapter PIP, allows to be done,
and while the language is permissive, it falls
within this well known legal rule that when
public rights are concerned it shall be con-
strued as a mandatory command clothed in
language of courtesy. so clothed because it
could not be doubted that high and
honorable officials would! unhesitatingly avail
themselves of all lawful means to declare the
result of an election according to the actual
fact in obedience to the fundamental principles
of popular government The governor and
council are bound by the statute. 1t is man
datory upon them. 1t imposes duty to the
public that must be performed: Whether
the act referred to controvenes theconstitution
in allowing eral evidence to be received to
show the intention of voters in casting their
votes is another part of the statute which we
are now called on to consider. If constitu-
tional in the latter respect that would not af-
feet the constitutionality of the other separate
and independent provisions.
Question-Is a return signed by less than
q majority of the selectmen of town or alder
men of city valid within the requirements of
the same section?
Answer-To this question we answer. that
while town may legally elect as many as two
selectmen, well-known practice is to elect
only three, and in such cases return to be
valid must be signed by majority of them,
because by no possibility can less number
constitute legal quorum, but the rule is
otherwise with respect to aldermen of cities
Most of our cities are required by law to have
to have as many as seven aldermen, and none
of them, we believe, has less than FIVE To
constitute quorum, it is only necessary to
have majority of the whole number
present, and when such quorum is present
majority of the quorum may do business.
SunpoSipp he bar -, H.