The Portland daily press., 1880-09-03
"GOOD EASY READING.v

Ihas government rests upon the great constitat-
taonat o1iona "that all poaDer is inherent an the
people," "H Is a government Of the people, by
Aepeople andtor the people," and if adminis-
tered IN the spirit of ats founders, ''it shall not
perish from the earth" Its constitution gas
formed, to use the apt expression of one aohose
memory IS enbalnaed IN the hearts Of his coun-
trynen, ''6y plain people" and '.plain people"
must administer it. The ballot is the pride, as
aoeH as the protection, of all. 1t is the truest IN
dication Of the popular aoiU. The official returns
required from the municipal officers of the seq
erdt plantations, toaonS and cities. are and aoiU
be made by "ptdin people," and made, too IN
the harry and bastle and excitement of an cleo
taon. They are not required to be ,critten aoith
the scruputous aaicety of a aoriting master, or
acith the technical accuracy of a plea IN abate-
naent. The sentences mag be ungranan,atical,
the spelling may deviate from the recognized
standard; but returns are not to be set at naught
because the peanaanship mag be poor, the lam
guage ungra'nnaatical, or the spelling erroneous.
1t as enough If the returns can be understood,
and If understood, full effect should be given to
their natural and obuious meaning They are
not to be straaaged by idle tech',icaties, nor is
their meaning to be distorted By ca,ping and
cdptious criticism. When that n,ed1aangis dScer-
tanned there should be no hesitation IN giutng to
nfuH effect. The language of Mr. Justice Nor
ton in Strong, petitioner, 20 Pick. 4S4, is pecuL
iarly appropriate to the subjects under discus-
sion What" he asks, "shaH be the conse-
quence Of an omission By the selectmen or toDn
clerk to perform any Of these (their) prescribed
duties and atpon aohon, shall 1t fall9 For acil-
full neglect Of duty the officers aoould undou5t-
edty be liable to punishment. But shall the
whole toacn be distramchised 6y reason of the
fraud or negligence Of their oticerso Thas
aooutd De Furnishing the innocent for the fraud
Of the guilty; 1t acoold be more Just and more
consonant to the genius and spirit of oar insti-
tutsons, to inict severe penalties upon the mis-
conduct, Intentional or accidental, of the eft
GERS, but to receiUe the ootes pheneoer they can
be ascertdined acith reasonable certainty limo
return or any imperfect one can be received,
let at be supplied or corrected by the original
record, If any there be.'' The returns should
be received acith favor and construed with lber-
atty, for, he adds, '.Jrom the men that usually
are, and OF necessity mast be employed to
make them, great Formally and nicely cannot
be expected, and should not be required" The
general principle achich governs u.s. that achde
there should be strict compliance aoith the pro-
yisioms Of a statute, get aohen they are merely
directory, such strict compliance is not essen-t
tiat to the validity of proceedings under such
statute, unless they are declared to be therein
This is specially applicable aohen the rights of.
Mepublic or Of third persons are concerned.
The dominant rule is to give such construction
to the official acts Of municipal officers as will
best conaport Nth the meaning and intention
Of the parties, as derived from, fair and
honest Interpretation Of the language used, and
to sustain rather than to defeat the aoM of the
people, and thus distra',chise the citizens.
JOHN APPLETON,
CHARLES w. WALTON,
VIM. G.. BARROws,
CHARLES DANFORTH,
JOHN A. PETERS.
ARTEMAs LIBBEY,
JOSEPH w. SYMoNDs.