The Portland daily press., 1880-08-26
"GOOD EASY READING.v

This government rests atpon the great constitu-
tional ariom shat all poacer is Inherent in the
people" "H is a goccrnneat Of the people, 6y
the people andtor the people, and If adnainis-
tered IN the spirit of ats founders, .it shall not
perish from the earth.'' It's constitution acas
formed, to use the apt oppression of one mhose
memory is enbalraed an the hearts of his cou,a-
trynaen. "by plain people," and '.pldia people"
must administer 1T. The ballot is the pride as
aceH as the protection, of all. 1t is the trueSt in
dtcdtion Of the popular aciH. The official returns
required from the municipal officers of the sea-
erdt plantations, toacns and cities, are and wM
DC made By s.plain people," and made, too, IN
the hurry and hustle and excitement of an cleo
tion. They are not required to be aoritten Nth
the scrupalous nicely of acriting master or
acath the technical accuracy of plea an abate-
naent. The sentences may be angrannaotical,
the spelling may deciate from the recognized
standard; but returns are not to be set at ndugh
because the penmanship may be poor, the Ian
gudge erngrananaatical, 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 obuious meaning. They are
not to be Strdngled by idle technicalities, nor is
their meaning to be distorted By carpi,ag and
cdptiouS criticism. When that naeanangis ascer-
tanned there should be no hesitation in giving to
afM effect. The language Of Mr. Justice Nor
ton IN Strong, petitioner, 90 Pick 4S4, is pecul-
iarly appropriate to the subjects at,,der discus
sion. "JVhat," he asks, 'shau be the conse-
Quence Of an omission By the select1,en or toaon
clerk tope'Jorm any Of these (tteir) prescribed
duties and spon achona shall it fdllP For a nil
Juu neglect Of duty the officers rould undoubt-
edty be liable to punishment. But shall the
who!e toacn be di$tranchised by reason of the
fraud or negligence Of their officers? This
coald be Furnishing the innocent for the fraud
the guilty; it acould ba. more Just and more
consonant to the genius and spirit Of our insti-
tutions, to infict serere penalties upon the nsis-
conduct, Intentional or accidental, Of the e6i-
GERS, out to receiue The coteS arhenecer they can
be dsce,t0ined ecith reasonable certainty. Ifmo
return or any imperfect one can be receiued
let 1t be supplied or corrected by the original
record, Vdny there be-" The returns should
be receiced piM tdcoT and construed aeih Hber-
atty, for, he adds, "yfrom the men that usually
are, and Of necessity must be employed to
make them, great formally and nicely cannot
be expected, and should not be required" The
general principle which gouerns u.s. that Whae
there should be strict compliance aeith the pro-
oisions Of statute, get achen they are merely
directory, such strict compliance is not essen
tidl to the calidity Of proceedings uaader such
statute, unless they are declared to be therein.
This as specially applicable achen the rights of
hepublic or Of third persons are concerned.
The dominant rule is to gioe such construction
TO the official acts Of municipal officers as acM
best conport ecith the meaning and intention
ofdte parties, as dericed from fair and
honest Interpretation Of the language used and
to Sustain rather than 10 defeat the acM Of the
people, and thus distrdnchise the citizens.
JOHN APPLETON,
CHARLES W. WALTON,
WIN. G. BARRows,
CHARLES DANFoRTH,
JOHN A. PETERS.
ARTEMAs LIBBEY,
JOSEPH w. SYaIoNDs.