Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1880-01-01
SUBMITTED.


Gov. GarcelOn Leaves them to the Supreme
Court.
Gov. Garce!on has submitted the fol-
lowing questions for the opinion of the
supreme court of Maine:
l. When the governor and council
decide that there is no return from q city
on which representatives can be sum-
moned to attend and take their seats in
the Legislature, is it their duty to order a
new election. or is it competent for the
House of Representives. if it shall appear
that there was an election of such repre-
| Sentatives i'll fact. to admit them to seats,
| though no return thereof was made and
| delivered into the Office of the secretary of
| state?
,. 1t is competent for the governor and
council to allow the substitution of other
evidence in place of the returned copies of
| such lists as are provided for in article
1, part |. section ). of the constitution to
| enable them to determine what persons
appear to be elected representatives to
the Legislature by a plurality of votes re-
turned?
3. Is 4 return signed by less than a
majority of the selectmen of town or the
aldermen of a city valid within the ro-es
quirementS of the same section.
4. Is a return by the aide, men of city
which does not give the Humber of votes
for each person voted for as member Of
the Legislature. and does not show what
persons were voted for as such members in
any one of the several wards of such city,
a valid return within the requirements OF
the same section
Are returns from towns or cities which
are not attested by town OF city clerk valid
within the same section?
u. Have the governor and council
right to reject returns of the election of
members of the Legislature as required by
the same section from the officers of towns
which We're not made, signed or sealed up
in the open town meeting?
Z. Is the return of two persons purport-
ing to be the Selectmen of Il town valid and
sufficient evidence of the town, when itap-
pears that at the time of the meeting ut
which the election was had there were but
two selectmen of that town?
3. Can a person who is not citizen of
the United States at the time be legally
elected or constituted u selectman of IL
town?
3. If 4 ballot has Distinguishing. mark
in the Judgment of the governor and coun-
ell such as would make it illegal under the
statute have they authority to disregard it
in their ascertainment of what persons ap-
pear to be elected. where it appears by the
official return of the officers Of the town
hat such vote was received by the select
men sub ject to the objection and it's legality
:eferred to the governor and couEcil for
ID. If the names of persons appear in
he return without any number of votes
being stated OF carried out against them,
either in words or figures. is it the duty OF
he governor and council to treat those
'ersoTs as having the same number OF
IOtes as another person received for the
same Office, and whose name is placed first
n the list if they find dots under the fig
Tres or words set against such other per-
SON 8 name?
II. Have the governor and council the
egal ri ght 80 decide what kind of evidence
hey will receive and what the mode of
proceeding before them shall be to enable
hem to determine the genuineness of re-
urns required by the article and section
If the constitution above mentioned?
II. If the governor and council have
'efore them two lists of votes returned
rom the same town, differing materially
rom each other in the number of votes re-
urned us cast for the same persons, but
IDENTICAL in all other respects, both having
een duly received ut the secretary's office.
nd they have NO evidence to enable them
o determine which is the true and Genu-
ne return, are they required to treat
ither of them as valid, and if so, which?