The Portland daily press., 1880-01-01

Was there any uncertainty as to what per-
son received the highest number of votes when
it appears that Mr.. Coombs's majority ever all
was six hundred thirty-two, and over Mr..
Moulton was six hundred forty-seven?
4. Assume, however, that the return was
technically defective because the names Of the
persons who received the fifteen scatt ering
votes were not returned.
Then under the provisions of the Rev. Stat
chap. 49, sec. 5, as amended, these officers had
the right to show that the return differ from
the record
Q) In the names of persons voted for,
(2). In the number of votes cast for each.
The amended record shotoed the names Of the
persons rho received these scattering rotes, end
renaadied the defect,
5. Could the record be legally amended?
quote from Rev. Stat, oh. 3, sec. S.
"When errors or omissions exist in the rec
ords or tax lists of town or school district, or
in the returns of warrants for meetings thereof
they shall be amended on oath, according to the
| fact, by the officer whose duty it was to have
made made them correctly"
See also 10 Me. 1856. IT Me. 444. 4S Me. 1853
| Sc Me. 800.
6. A distinction IS 10 be noted, also, in IA
WI VI oduO1Auiiieilt, B6tWcSh tlilS iCSOiO
and that of town or ward clerk.
In cities votes are to be received, sorted
counted and declared by the wardens in pres
ence Of the ward clerks, who shall form list
| OF the persons voted for, with the number Of
| votes for each person and make record there
of. A fair copy Of such list shall then be at
tested by the warden and ward clerk, sealed up
| &C., and delivered to ;the City Clerk within
twenty-four hours.
The Aldermen open, examine and compare
the copies thus returned in the presence of tho
| city clerk who is required to make record
thereof. They thus occupy middle ground
between the ward officers, who receive, sort
and declare the votes, and the Governor and
Council. Their duty is wholly ministerial, be-
ing merely to take the returns from the sever
al wards and to tabulate them and record the
result
| If the gcord retarns gre all correct, and they
constitute the basis of the election, shall per-
son be deprived of an Office to which the peo-
pie have elected him, and city be disfran-
| chised because the city clerk commits an error
| or makes an omission in recording the resHH of
this examination?
1t is we'll settled principle of Jaw that q
record may alwdys be amended so as to accord
VIZ. ;ae facts, and to this principle of the
common law, the Legislature has added the
weight of its enactment that Clown clerks
shall amend their records when erroneous"
1t is said that the Governor and Council
have held the opinion that the statute per-
uniting County officers to substitute copy of
the record makes it a matter of discretion NTH
| them (the Governor and CounciD, because the
language is "naay be substituted" If it were
so, would their adverse action be indicative Of
importantly? But, apropos of this I quote:
"The word may in statute is to be con-
| strued must or shall when the public inter-
ests or rights are concerned, and the public or
third persons have claim de jure that the
power shall be exercised.-Low V. Durham,
81 Me-, 566.
And to the same point l cite Milford v.
Orono, so Me-, 500; Blake VS.. r. R. 80 N. H.
437; Rogers VS.. Brown 40 N. III. 1902.
If the foregoing views are not coaclu$ire, are
they not of sufficient weight to demand that
the opinion of the Court should have been in
voked before deciding upon the rights of per-
sons in a matter of SO great peeuniary impor-
tanH9? LEX.