The Portland daily press., 1880-09-09
"GOOD EASY READING."


THIS government rests atpon the great constitu-
tionat d1iom "thdt all poacer is Inherent in the
people," "It is a government Of the people, by
the people and for the people," and if admits
tered in the spirit Of its founders, "it shall not
perish from the EARTH" Its constitution aoas
formed, to use the apt expression of one whose
memory is enbalnaed IN the hearts of has coun-
t'ymen. ''by plain people," and '.plaia people"
must administer it. The ballot is the PRIDE as
aceu as the protection, Of all. 1t is the truest in
dication of the popular aciH. The official returns
required from the municipal officers of the sev-
eral plantations, toaons and cities, are and ,oiU
be made By '.plain people," and made, too, in
the harry and hustle and excitement of an elec-
tion They are not required to be aoritten aoith
the scrupulous nicety of a writing master, or
Nth the technical accuracy Of plea in abate-
naent. The sentences may be ungrananaatical,
the spelling may deUiate from the recognized
standard; but returns are not to be set at naught
because the pe,emanship may be poor, the lam
gudge unsrannatical. or the spelling erroneous
1t IS enough If the returns can be understood,
and If understood, full effect should be given to
their natural and Obyious meaning. They are
not to be strangled by idle technicaliies, nor is
their meaning to be distorted By ca,ping and
captious criticism. When that naeanarsgis ascer-
tanned there should be no hesitation in giUing to
Ifuu effect. The language of Mr.. Justice Nor
ton an Strong, petitioner 20 Pick. 4S4, is pecul-
sarly appropriate to the subjects under discus
sion. "What," he asks, "shoH be the conse-
quence Of an omission By the selectmen or toao,a
clerk toperforma any Of these (their) prescribed
duties and ,lpon whona shaV 1t Jall9 For nil
full neglect Of duty the officers a0ould undoubt-
edty be liable to punishment. But shall the
whole tooon be disfranchised by reason of the
fraud or negligence Of their oticers9 This
aCoutd be Furnishing the innocent for the fraud
Of the guilty; it aooatld be more just and more
consondnt to the genius and spirit Of insti-
tuaonS, to intict severe penalties upon the mis-
conduct, Intentional or accidental, of the eff
GERS, but to receiUe the 0otes aoheneUer they can
be dscertained aoith reasonable certainty. limo
retuin or any imperfect one can be received,
let it be supplied or corrected by the original
record, IT any there be-" The returns should
be receiued acih favor and construed acith liber-
atty, for, he adds, "fron the men that usually
are, and Of necessity mast be employed to
MAKE thena, great torndtity and nacety cannot
be expected, and should not be required" The
general principle achich governs is, that Whle
there should be a strict compliance aoith the pro-
0aSionS Of statute, get aUhen they are merely
directory, such strict compliance is not essen
tiat to the Ualidity Of proceedings under such
statute, a.nless they are declared to- be therein
THIS is specially applicable achen the rights of.
the public or Of third persons are concerned.
The dominant rule is to giUe such construction
to the official acts Of municipal officers as avM
best comport acith the meaning and intention
Of the parties, as deriued from fair and
honest Interpretation Of the language used, and
to sustain rather than to defeat the will of the
people, and thus disfranchise the citizens.
JOHN APPLETON,
CHARLES w. WALTON,
VIM. G. BARROws,
r CHARLES DANFORTH,
JOHN A. PETERS.
ARTEMAS LIBBEY,
JOSEPH w. SYMoNDs.