The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1880-01-16
THE MAINE MIDDLE.
Opinions of tho supreme Court oa tho
Qucssions Affecting tho Election Re.
turns.

tarns.
On tho afternoon Of the Sd inst. the
supreme Court oi Maine signod formal M.
swers TO tho questions concerning the re.
cent election submitted to them by Gov,
Garcelon. Their decision IL adverse 10 ,he
rulings 81 tho governor and the Fusionists
me court declares that: A representative
lie not TO he deprived Of hia rights because
municipal officers have neglected their
duties: 10 IL competent for the governor and
council Ia allow an erroneous return or one
that lie informal or defective 10 bp aided and
corrected by an attested copy Of the record
nv by statute provided: n return signed by
less than majority Of the whole number oil
aldermen OF u city or s.lectm,n of n town,
40 lar as the governor aud council, are con.
cerncd, must bc presumed TO be valid-thsy
have no right 10 so behind tho reiaru; IL
immaterial whether the aldermen
u detailed vote OF each ward separately or
whether they returned thu result Of all the
votes oil all the wards for each candidate
together, IA either mode IL n satisfactory
way oil reaching the same result; returns
from towns ar cities which are not attested
by the town, plantation or city clerk are
not vaiiS, unless in the ahst nee Of tha regu.
lar clerk clerk pro tempore OF deputy clerk
had been chosen, in which CAGE the returns
have the same force and effect NJ II signed
by the clerk; the governor and council
must act upon tho returns forwarded to the
secretary OF state, las 10 they pun port 10 be
made signel aud sealed up ~ open plan IN.
uon or town meetiug,) they constitute the
basis OF action Of the capvassiug board; n
return OF two persons purporting TO be
selsctmon 0f town In valid aud sufficient
evidence Of the vote OF the town; u person
"a asna
selectman 80 that his official acts will bind
the town, aud are valid ~ far ms they
Affect the public; II n ballot has n distin.
gnhhtd mark In the judgment Of the gov.
ernor and council such ~ would make IL
illegal under the statute, they have no au.
authority to disregard Il In their ascertain.
ment oil what persons appear % be elected
where 10 appears by the official returns IL
officers OF the town that such vote was re-.
csived by the select men subject 10 their
objection; II ditto marks, or dois, are placed
under figures or words Of the first csudi.
Gates vote, the returns should be counted,
brosase wher. II appears by letters or 6g.
aies In the frat line, and by ditto marks ar
hy dots In the following lines, that tho same
class OF candidates received the sane vote,
there eau bs no ground for rejection; the
governor and council have no power 10 re-
jet returns unless an objection In writing l.
presented to them setting forth that the
signatures Of sach officers Tor some Of
them) are not genuine, or that the
return has heeu altered after u was signed,
and then only after the parties therein In
terestcd have had fair opportunity 10 he
heard. When two lists 81 votes are re.
turned TO the office Of the secretary OF the
state by the clerk Of any city, town or
plantation, and both are duly certified, the
return first received NJ the office Of the sec
Rotary must he the basis Of the action III the
governor and council, aud u n de 'eotive or
untrue copy OF the record, IL can be cor.
reotrd, or the defects supplied, only In no.
eordauce with the provisions Of the statue
relating thereto. The opinion il sigusd by
John Appleton, Charles W. Walton, VIM.
q. Bafrows, Charles Danforth, John A.
Peters, Artemus Libby, and Joseph w.
Symonds.