Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-01-04

ject the ballot if offered where it is within the
prohibition of the statute. The statute pro-
hibits the rejection of the ballot after it is
ceived into the ballot box. 1t is then to be
counted. The governor and council have moth
| ing to do with the question. Their duty is to
count the vote regardless Of the fact improperly
| set forth in the returns. They are nowhere con-
| stituted tribunal with judicial authority to
determine what shall constitute distinguish
ing mark or figure, nor can they legally refuse
to open and count the votes returned (54 Maine.
6O2.) When ballot has been received into the
box, neither the selectmen nor governor and
council can can refuse to count It,
Question-If names of persons appear on the
return without any number of votes being
stated, carried out against them either in
words or figures, is it the duty of the governor
ard council to neat those persons as having tie
same number of votes another person re-
ceived for the same office, and whose name is
placed first in the return, if they find dots ,un-
der figures or words set against such other per-
sons name?
Answer-Ditto marks or dots placed under
the figures or words of the first candidates
vote. Returns should be counted where it APP
pears by letters or figures IN the first line by
ditto marks or by dots in the following lines
that the same class of candidates received the
same vote. There can be no ground for re-
lection. The word ditto" and its abrevia-
lions "do" and dots or marks that stand for
the word ditto are of common use, and have
perfectly defined meaning known to perso ms
generally. That meaning should not be di sre-
garded. We answer the question in the afh rm-
ative.
Ouestion-Have the governor and council
a legal right to decide what kind of evidence
they will receive and what the mode of pro-
ceedings before them shall be, to enable them
to determine the genuineness of returns requlr-
ed by the article and section of the constitu-
ton above mentioned?
Answer-We assume that the ''genuineness of
returns" referred to, relates either to the sig
natures of officers signing. or to alterations of
returns. The governor and council have no
power to reject returns on either ground, I'M
less an objection in writing is presented to
them setting forth that the signatures of such
officers same one of them, are not genuine,
or that the return has been altered after 1t was
signed. The notice thereof should be given to
all persons interested, and before adjudicating
upon the facts the governor and council should
be 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, that they may be pun
ishable for the crime of perjury if they will
fully and corruptly testify falsely. The Gov
ernor and council have no right to reject re-
turns for such cause without giving the parties
interested therein fair opportunity to be
heard. The genuineness of the return in these
particulars is to be presumed, and this pre-
sumption remains until overcome by evidence
produced as before said.
Question-If the governor and council have
before them two lists of votes returned from
the same town differing materially from each
other in the number of votes returned as cast
for the same persons, but identical in all other
respects, both having been duly received at
the secretary's Office, and they have no evil
dence to enable them to determine which is the
true and genuine returns, are they required to
treat either of them as valid?
Answer-When two lists of votes are return
ed to the Office of the secretary of state, the
clerk of any city, town or plantation, and both
are duly certified, the return first received at
the office of the secretary must be the basis of
action of the governor and council. If defec-
tive, or not true copy of the
record, it be corrected or de-
fects supplied only in accordance with
the provisions of the statute relating thereto
This government rests upon this great consti.
tutional axiom, that all power is inherent in
the people, 1t is government of the people.
by the people and for the people, and if adj
ministered in the spirit of its founders, it
shall not perish from the earth. Its cOnstitu-
ton was formed, to use the apt expression of
one whose memory is imbalmed in the hearts of
his countrymen. "by plain people, and plain
people must administer it," The ballot is the
pride as well as the protection of all. 1t is
the truest indication Of the popular will. The
official returns required from municipal Off
GERS of the several plantations, towns
and cities are and Will be made by plain peo-
pie. and made, too in the hurry and hustle and
excitement of election. They are not required
to be written with the scrupulOus nicely Of
writing master or with the technical accuracy
of plea in abatement. Sentences may be un-
grammatical, spelling may deviate from the
recognized standards, but the returns are not
brought to naught because the penmanship
may be poor, the language ungrammatical, or
the spelling erroneous. 1t is enough if
the returns can be understood. Full eff
feet should be given to their natural
and obvious meaning. They are not to
be strangea by idle technicalities.
Nor is their meaning to be distorted by carp
ings and captious criticism. When the mean
ing is ascertained there shauld be no hesitation
in giving it full effect. The language of JUS
tce Morton in StrongPeter %, Beck 484, is Pc
culiarly appropriate to the subjects under dis
cussion. What, he asks, shall be the conse-
quence of the omission by selectmen or town
clerks to perform any ofithese,their prescribed
duties, and upon whom shall 1t fall for wilful
neglect of duty. Officers would undoubtedly
be liable to punishment. But shall the whole
town be disfranchised by reason of the fraud
or negligence of their officials? This would be
Furnishing the innocent for the fraud of
the guilty. 1t would be more just and more
consonant to the genius and spirit of our
institutions to inhict severe penalties upon
misconduct, Intentional or accidental, of Off
GERS, but to receive votes whenever they can be
ascertained with reasonable certainty. If no
return or any imperfect one can be received,
let it be supplied or corrected by the original
record if any there be. Returns should be re.
ceived with favor and construed with liberal
ity for, he adds, from men WIZ usually are
and necessarily must be employees to make
them, great formality and nicely cannot be ex-
pected and should not be required. The gen.
eral principle which governs is that, while
there should be strict compliance with the pro-
visions of the statute, yet when they are mere
ly factory, such strict compliance is not
essential to ths validity of the proceedings
under such statute. less it is 30 declared. This
is specially applicable when the rights of the
public of third persons are concerned. The
dominant rule is to 1--WE such construction to
the official acts of municipal officers as will
best comport with the meaning and intention
of the parties as derived from fair and hon
est Interpretation of the language used, to sus-
tain rather than to defeat the will of the peo-
pie and disfranchise citizens.
(Signed,) JNo APPLETON.
THoS W. WALTON,
WIN. G. BURROWS
CHARLES DANFoRTH,
JOHN A. PETERS,
ARTEMUs LIBBEY
JOSEPH W. SYMoNDs