The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-08-20
"GOOD EASY READING"

This government rests upon the great constitu-
ttonal ariom '.that all poace7 is inherent in the
people," 1T is a government Of the people, By
the people and for the people," and if adminis-
tered IN the spirit Of ats founders, ''it shall not
perish from, the earth" It's constitution ,cas
formed, to use the apt oppression, Of one achose
memory is enbalnaed an the hearts of his coun-
t1ynae1. "by plain people," and 'plain people"
mast administer it, The ballot is the pride, as
eH as the protection, Of all. 1t is the truest in
dicdtion Of the popular aciH The official returns
required from the municipal officers Of The scr-
eral plantations, toacns and cities. are and pM
beradde By '.plain people," and made, too, II,
the hurry and hustle and excitement of an cleo
tion. They are not required to be acritten acih
the scruputouS nicely Of a acriting MASTER or
acsh the technical accuracy Of plea n, abate-
'aent The sentences mag be ungrana,adtical
the spelling may deciate from the recognized
standard; but returns are not to be set at naught
because the pennanship may be poor, the Ian
gudge uagra'nnaatical, or the spelling erroneous
IL IS enough If the returns can be understood,
and II understood, Juu effect should be giuen to
their natural and obuious meaning. They are
not to be stranged By idle tec1nicalities, nor is
their meaning to be distorted by ca,ping and
captious criticism. When that neanangis ascer-
tanned there should be no hesitation in giring to
ntM effect. The language Of Mr.. Justice Nor
ton IN Strong. petitioner 20 Pick. 4S4, is pecul-
idrly appropriate to the subjects under discus
sion. "What," he asks, 'shaH be the conse-
quence Of an omission By the selectnaen or to,on
clerk tope'yorm any Of these (their) prescribed
duties and upon achom shall it fau9 For aoa
full neglect of duty the officers acould undoubt-
edly be liable to Punishment. But shall the
whole toacn be digrdnchised By reason of the
fraud or negligence of hteir oftcers9 This
acoutd be patnishiag the innocent for the fraud
Of the guilty; 1t acoatld be more Just and more
consondnt to the genius and spirit Of oar nsti-
tutions, to infictlseeere penalties upon the nais-
conduct, Intentional or accidental, of the eff
GERS, but to receiue the votes cheneyer they can
be.dscertained acih reasonable certainty. !fno
return or any imperfect one can be receiced,
let az be supplied or corrected By the original
record, If any there be- The returns should
be receiyed scith facor and construed acith hber-
dtity, for, he adds, "trom 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 achich gouerras is, that achue
there shouldbe strict compliance acith the pro
uisions Of statute, get achen they are merely
directory. such strict compliance is not essen
tial to the ualidity Of proceedings under such
statute, unless they are declared to be therein.
This is specially applicable achen the rights OF
Mepublic or Of third persons are concerned.
The dominant rule is to give such a construction
to the official acts Of municipal officers as mal
best conport acith the meaning and intention,
of the parties, as derired from fair and
honest Interpretation of the language used, and
to sustain rather than to defeat the sciU of the
people, and thus disfranchise the citizens.
JOHN APPLETON,
CHARLES w. WALTON
VIM. G. BARROws,
CHARLES DANFoRTH,
JOHN A. PETERS.
ARTEMAs LIBBEY,
JOSEPH w. SyMoNDs.