Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1880-01-08


/ 10 Oe the selec,men Of a town valid and nd
hcieht evidence Of the vote OF the town. when II
sppesrs that there We're ut the time of The meet,
lhg al winch the election was hal bu, two
! seleetmcp OF that town;
A. W hen majority nj the saiac.,nc, ~,
absent from meeting for election purpa.es
| OF pelng present neglect or refuse To ne, a.
sueh aud TO 10 all the duties required of them.
lhe voters AT such meeting may choose 80
many selectmen pro temp0Te As are necessary
! to complete the number comnetent H. do the
dutle-. X ;. sec 20. In case OF death or the
removal OF one of the seccttnen two would no
sum lent and competent 10 act The inaury
| - ,he return would be valid when there
should be but two secctmeu Eat the time Of
I me meeting at which the election was hs,
/ ~ u" other seiectman had deceased prior to
the meeting the survivors might act and their
/ action would be legal But the canyassing
.o,ri are to he governed bv the returns.
ENl lence would not b. admissible To prove the
iaci that there were but two sclecmen of the
town. The Governor and Council cannot Of
hciaily know that there are only two.
". ,ah person who i not y citizen Of the
United States AT the time, be legally elected or
| constituted. u selectman Of a town.
| ~ person not citizen may be elected
OF constituted selectman 50 that his official
acts bind the town and valid so far a. az
Iects the pubic. such an one would be an Of
ncer de ldctO and clothed with apparent right.
His acts would bind the town.-bane " Der
hf, - Maine. -. AN officer de f1cf0 is one
/ VINO comes into Office by color OF a legal APP
poin'ment or election. His acts in that capac.
ty are as valid SO far as the public j. concerned
AZ the acts OF an officer dc Jurc. His title can
not be inquired into collaterally.- The people vs.
| Cook. Seldcn - THE precise definition OF
| an officer dc fdcfo,' observes Bgelow. {. J.
| IN fItchburg X. T. Co. ". Grand Junction and
| Depot Co, Allen, $50. l. one " no comes in
/ by the forms OF law, aud act. under q commits
sion or election apparently valid. but ia con-
| sequence OF some lllega lily. incapaciiy or want
OF qualification. i incapable OF holding the Of
| nee Indeed. there i an entire unanmity %
opinion on Tbs subject in all the States Of the
| mon where this question HIS arisen n well
| a. IN the court, Of the United States. But the
| iact OF Aieuagc !, not allowed To b. proved.
I'M. was determined in the French, lie case,
| - NAME ~. where II was shown that the
| clerk was an alien who could neither read nor
| write the English language. and where almost
every conceivable irrcgularity existed. yet
| eNilenC" outside Of the return was held in
| admissible. Nor would such fact have any
effect II II appeared in and by the return It.
| self
| q. II a ballot has a distinguishing mark,
| In the Judgment OF the Governor and Council
! such as would make Il illegal under the sat
| uc, have they authority TO disregard L In their
| A-cetiAintnent OF what persons appear 10 be-
elected, when II appears bY the ofiCi isl return
| OF the officers OF the town. that SUCH vote was
| received by the seIeciIncu subject to 90 rcttun.
and IL iegsliiy referred 10 the Governor aud
] '"uhfii Tor decision
| \ The presiding officers ate 10 Determine
| whether the ballot offered has distinguishing
marx ur hsurr. - that II rejected the S.t-r may
/ procure . ballot, II he chooses. to which no
I exception can hc taken. Bu, II the ballot,
! have distinguishing marks or figure. It i no
J part oi the duty Of the officers Of the town to
/ mako any rrpur; In reference thereto. They
should reject the ballot II offered when T. {.
I within the prohibition OF the statute The
statute prohibits the rejection Of the ballot al
/ ter It i received into the ballot box" It
! then - L. counted. The Governor AMI Coun-
4 "a, have nothing TO do " i;h the question Their
/ duiy i Ia count the votes rrgardle.. Of the
I TACT improperly ct forth In the return. They
ar nowhere constituted tribunal " Ith judicial
/ authority 10 determine what .hail constitute 4
/ distinguishing mark or figure. nor can The,
I legally refuse Ito open and count the vote.
/ returned" - Maine 6t1. when the ballot ha.
! been once received into the ballot box neither
/ the sclcsimen nor the Governor and Council
1 can refuse Ia count IT,
q. II the names OF pcr.on, appear in the
! return, without any NUMBER Of vote. bin.
stated OF carried out against them. either IN
/ word, or tigurc., /, il the duty Of the GOV aud
7 Council TO trvat those person. - having the
: same number OF vote. ~ another person ~
/ cciNed for the same Office. and whose name i.
placed nrsi IN the rgtnru, II they ind dnis under
the figures or words -; against such other
Z persons nameg
4. II the diiis marks or dots arr placed
date vote. the return should be counted
! Wbcrr It appear. by letters or figure. 10 the
/ iir,t line and Do ditto marks or by dots "a The
I following line, that the same clA,, Of canli-
dates received the same vote, there can b. no
! ground for rejection. The word ditto aud II
! abbrcViaiiou do aud the d1ts or marx,
that stand for the word ditto are OF common
use and have perfectly well defined msauiu.
known TO persons generally. That IN. antak
should not be dtsrrgArdtd. We answer the
! question In the Affirmative.
q. Have the Governor and Council the
| legal right TO decide what Kind OF evidence
they will receive, and what the mode Of pro-
oecdng before them shall b., TO enable them
! 10 determine the genuinene>s OF return. re-
quired by the article and section Of the con-
! stituiion above mentioned?
\. We assume that the "genuiuenes. OF the
return" referred to, relates either 10 the sigma.
| TURF Of the officers signing or TO alterations OF
the return. The Governor and Council have
no power 10 reject the return. on either
ground. unless an oijH,,' ION Ig writing j. pre-
| .enl-d 10 them setting forth that the signature,
OF such officers tor some OF thcm) are not
genuine, or that the return Ia. been altered
| after II WAS signed. Then notice thereof
| should be given TO all persons Interested, and
! when adludicaiins upon the facts, the Gov
| ernor and Council should - governed in the
admission Of evidence by the established rules
| of evidence In accordance with the law OF this
/ state. The witnesses should be duly sworn
l that they may be punishable for the crime OF
| perjury If they wilfully and corruptly testify
| fal-cly. The Governor and Council have no
right TO reject the returns for such cause with
( out giving the partie. interested therein a lair
I opportunity 10 be heard. The genuneness Of
the returns in these particulars is 10 be pre-
! -umed, and that presumption remains until
! overcome by evidence produced As beforesaid.
( q. II the Governor and Council have be-
! fore them two lists OF vote, returned from the
4 same town differing materially from each other
! in the number OF votes returned a. cast Tor the
same persons, but identical IN all other respects
| both having teen duly received al the secre-
! tary's office and they have no evidence 10
! enable them 10 determine which Is the true
/ and genuine return are they required TO treat
| either OF them : valid, ard If so which;
\. When two lit, Of votes are returned
10 the Office Of the Secretary OF Stale By the
| clerk Of any city, town or plantation and both
| are duly certified. the return n!st received at
| the Office Of the Secretary must be the bssis of
the action of the Governor and Council. If
! defective, or not q true copy OF the record, il
can be corrected, or the defects supplied only
| in accordance with the provisions Of the stat
! ute relating thereto. This government rests
J upon the great constitutional axiom that all
| power is Inherent in the people, 1T is
| government of the people, by the people and
for the people, aud If administered in the
spirit OF lis founders lit shall not perish from
| the EARTH Its constitution was formed TO
| use the apt expression Of one whose memory
| is embalmed In the hearts OF his counirymen.
'by plain people and plain people" must
administer it. The ballot is the pride as well
as the protection OF all. II is the truest nd-
( cstion Of the popular will. The official re-
turns required from the municipal officers Of
the several plantations, towns and cities are
and will be made by "plsn people," and made
too in the hurry and hustle and excitement Of
an election. They are not required TO be writ
| ten with the ycrupulQus nicety Of writing
master or with the technical accuracy Of plea
in abatement. The sentences may be ingram.
| NAUTICAL. The spelling may devate from the
recognized standards. But returns are not to
| be set ut naught because the penmanship may
be poor. the language ungrammatical or the
spelling erroneous. tits enough II the returns
can be understood. and il understood. full
effect should be given to their natural and
obvious meaning. They are not to be strsngled
| by idle technicalities nor il their meaning to
be distorted by carping and csptious criticism.
When that meaning Is ascertained, there
should be nc hesitsuoI ~ giving TO il full
effect. The language Of Mr.. Justice Morton in
Strong. pet. 20. Pick. 4S4. is peculiarly appro-
pirate to the subjects under discussion
=. a