The Portland daily press., 1880-08-21
"GO0D EASY READING"

THIS government rests apo1, the great constitu-
tio,aal a1iom "that all poacer is Inherent in the
people" 1T is government of the people, by
the people and for the people," and if adniais-
tered ia the spirit Of its founders, ~ shall not
perish from the earth" It's constitution Wds
formed, to use the apt oppression of one ,ohose
memory is enban,ed IN the hearts Of his cou,,-
trymen. '.by plain people," and '.plain people"
must administer it. The ballot is the PRIDE as
aoeu as the protection of all. 1t is the truest IN
dication of the popular acM. The official returns
required from the municipal officers of the sev-
eral plantations, toaons and cities, and oiU
be made By 'tplaio people," and made, too, in
the hurry and hustle and excitement of an elcc-
ton. They are not required to be aoritten acith
The scrupulous nicely Of a acritiag master, or
Nth the technical accuracy of a plea IN abate-
nae,et. The sentences may be ungrdn,nedtical,
the spelling may deUiate from the recognized
Standard but returns dre not to be set at naught
because the pe'amanship may be poor, the lan-
gasdge ungramnatical, or the spelling erroneous.
His enough If the returns can be understood,
and If understood, full effect should be giUen to
their natural and obuioas meaning. They are
not to be strangled by idle tecnicalities, nor is
their meaning to be distorted by carping and
captious criticism. When that meanangis ascer-
tanned there should be no hesitation in giying to
ton IN Strong, petitioner, 20 Pick. 1884, is pecul-
iarly appropriate to the subjects atnder discus
sion. "What," he asks, "shaH be the conse-
qa,ence of an omission 5y the selectmen or toaon
clerk toperJorm any Of these (their) prescribed
duties and upon achom shall it fall? For a aoil-
full neglect Of duty the officers acould undoubt
ed1y be liable to punishment. But shall the
achole toaon be disfranchised By reason Of the
fraud or negligence Of their o6icers9 This
ecould be punishiag the innocent for the fraud
Of the guilty; 1t acoald be more just and more
consonant to the genaius and spirit Of our insti-
tutions, to infict serere penalties epon the mis-
conduct, Intentional or accidental, of the eff
GERS, bat to receive the Uotes aoheneUer they can
be ascertai,sed ,eith reasonable certainty. limo
-fet''''e- or aay imperfect one can be receired,
Jet az be supplied or cosveetesz 1v <~s se1<af,tak
record, II any there be-" The returns should
be rcceiUed acith faror and construed acith hber-
atty, for, he ADDS, "from the men that usually
are, and Of asece~Ny, mast be employed to
make them, great tormality and nicely cannot
be erpected, and should not be required" The
general principle aohich gouerns is, that achHe
there should be strict compliance acith the pro
uisions of q statute, get achen they are merely
directory. such strict compliance is not essen
tial to the ualidity Of proceedings uader such
statute, unless 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 acM
best compor acith the meaning and intention
of the parties, as deriyed from fair and
honest Interpretation of the language used, and
to sustain rather than to defeat the acM 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. SYNIONDS