New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-01-04
DECISION OF THE COURT.

DECISION OF THE COURT.
BANGOR Me- Jan. 3.-fhe following is the full
official text of the unanimous opinions of the SUI
preme Judicial Court finished and signed this after
noon in answer to the questions submitted By Gov
ernor Garcelon:
To The Hon. ALoSzo GAgcELoN. GoreraOr or haiar.
BANGOR. Jan. 3, 1880
The undersigned, Judges OF the Supreme Jndicial
Court. have submit the following
TO the questions prop0sed
Question 1-Wben the Governor ana Council decide
that there is return from city
which Representatives can be summoned TO at
tend aud take their seats iu the Legisla
turc, is IL their duty TO order new election, or Is
Il competent for the House Of Representatives, " 10
shal appear that there was an election OF snsh repre-
nrn thereof was made and delivered into the Office Of
AnsweI-No authority Is gwen TO the Governor and
Council when there 9 no return TO order new eiec-
oa pSen Vseated 'e Ss dc,ih resaSsoS or
otherwise. provision is made by 4. 3 G.
T' Sting yacancles BY y" thess provisions whenever
municipal 0Ssrs therein S ~. by ny
tlye-elect, or OF vacancy caused IN any other &
Ssy sissou IT. 'nsi' SpUsar, Sps to ''d's the
OF Representatives that there was an election
them to their seats. though no return thereof
was made Secretary Of State. Reproductive
officers have neglected their duty
THE GOVERNOR AND COUNCILS POWERS
Question 2-Is it competent for the Governor and
Council to allow substitution OF other evi-
denee In place of the returned copies Of
sucn lists" as are provided foF In
Article g. part l. section OF the Constitution to ensbls
theD TO determine what persons appear 10 De ce.ted
the votes returned
Answor-Tas refer. The substitution authorized by
the Act OF 1877 G. 2l2 The CUgs tuition calls for re-
that is regular IN essential forms, ana winch truly
represents the facts 10 oe described sy
mel. Is directory merely. lt does not
og at dePnynT ns ,ns peop pc ~ sir far ;o o. % sa
error. but aims at ayoidihT such . resgt
or has been detectyeiy executed by me Town onrcrs
II IN ad OF the Constitutional provision 10 supply tho
as may be such Is the purpose OF me statute -
is competent for the Governor and the Council TO allow
or defective to be aided and corrected nv an
attested copy OF record, as by statute pr,Nasd Inc
tions Is TO furnish as many safeguards ~ may
be AGAINST failure, either through fraud or
mistake. correctly Ia ascertain ard declare tho
rhoce Of their onic.r. and L@gislaiurr Hence
the spot In an open Secng hut record OF thcv1te
shall be made at The same time. and authenticated
there Is or omission In the return what can
be safer than to refer to the Duplicate satemen!
ls77-c. 2l2-allows 20 be donei an1t while
we'll known legal rule thar. when public rights arc
concerned. II shall be construed W mandatory.
command clothed In tbs language OF courtesy -
clothed because II could not pc doubted mat bigh
uul NuhrsfdfiuGll
themselves of all legal means 10 declare The fesut
OF an election according 60 The actual fact Ia
Obedience % tho fundamental principles of popular
Government The Governor ana Council arc
bound by the statute IL Is mandatory upon
bc performed whether The act referred 10 conirr.
vones the Constitution Ia allow ng oral evidence 10 be
their votes Is another part of the statute which
We are not now called upon to consissr "
Gcc the ccnsiitutionag of the other separate ana 40
dependent provision.
TowN RETURNS.
Question 3-Is return signcd 10y less than y naor
iiy " the sclocmen Of 4 town. or the Aldermen OF
city. valid within the requirements OF the same sec
ticul
Answer-To tins question answer thai, while
town may legally elect many sven
sclcctmcn. well known practice Is 20 elect
only three, and IN such cares return
of them, because hy no possibility eau
the rule Is otherwise with respect 10 the aldermen ~
cities. Most of our culrs are required hy law
zone 70 D"' Of item nav we believe. has les Than
Ave, To constitute quorum lt Is only necessary
10 have majority Ct the whole pre-~ni. aud
when such a quorum Is present tntlor-
ny Of the qornm my do business snpP}s ing ag
g@"@m cSa5 S%d e@ov % 9SaF scI p,nos %}' ,lsa nsn
oppose their action. Conscqueutlv.n a rc'nrn nom
by three OF ihcnn' ~ may De Nsna ,i
aud legal rciurn bcrause onl i"w
scr. Siihoush the fourth sbpud oppose thclr ae
P@ return afs laid beiSc Sc GSyruo and csau1 Ssy
c,nnoi Enow and thrv have mo- 4 ght - sssunc that
the return Il not valid It Is the dnn 81 Aldermen
10 be m so,s0ueand examine waid titiurns'
make record thereof. From that recori csftiaed
1uornm of Aldermen was present The law with
IresprcI 10 a quorum and mai lritics is correctly
stated II o.. Danes Abidssment i5o ma !
IN the latter work. II Il said tnat iodirs composed OF
denuIie number act 10y the maoriiies OF thosr Pss,h
whole number or go use Nr lh,nc's illustration. 4 =
Dody consists OF twelve Coinclinen' seven ine sar
number that car constitute i q Ss,a aa,e ons m,e",%
stated .Il IN substance ~ an ancient AND modern
authorites The ,sle s % spneaois :" ssS2 a1
House Of EcprcseniaiSes. Tue whole nun,reroi Rep
ressatives established by law e Ioi taisny'
sSs To DO Oa. rs ness iacre IS actus that nanbc present
and a. n9cy sSS atS %, ysd sw can tRsr'sy be en-
acted. other business transacted l less thAn
can be done except to adjourn or compel the attend
ance Of absent members This - familiar
RSsrms% aT "%a OF OsfFs,s' ss aud oS how uG Why
return signed by less than al9alory OF We whos
are concerned Is concl9siveIy presumed TO be valid
They have rignt 10 go behind The returns
InE VALIDITY OF Returns.
Question Ais a return by Aldermen of
city which does not give the number ~
votes cast for each person vcted for ~
member of the Legislature and does not show whit
persons were voted for such members one q
the several wards OF such city, valid return wfbin
the reduieements OF the same section
Answer-We are not sure that we comprehend the fuli
SCOPE of Our viii meet al of IT. sup
posed purposes II ~ immat,ral whether tue Adefiaen
returned Goyernor and Council the detailed vote
of eacn ward separately whether they returned the
result OF all votes of all Of the ward. or each eand'da
Either mode Il satisfactory way Of reaching the sains
result Substance only Is sought ior IN snch
matters; nor Il II material matter that,
Instead OF returning all the names of tho
voted fo7 there return votes as scaterrei
provided that, however such votes may be added or
subtracted when some candidate set of candidates
appear be chosen by plurality OF the votes thrown
The Governor and Council cannot oftciay anow. nor
have tbey the rcght TO ascrrtain that the votes
rerarned as scattering were not actual ballots