Mower County transcript. [volume] (Lansing, Minn.) 1868-1915, 1880-01-08
Tho Difficulty I'm Maine.

of Hon. Lot NJ. Morrill, and other promi'
nent Republicans, having submitted to the
supreme judicial court certain questions
touching upon the constitutionallty of Gar
celon's action in the recent electoral count
in that state, the court on the afternoon of
the Sd instant finished and signed answers
to the questions submitted. The following
is the gist of their answers:
If it appears to the house of representa-.
tives that thsre has been no election in fact,
members should be admitted to their seats
though no returns be made to the secretary
of state; q representative is not to be de.
prived of his rights because municipal off
GERS have neglected their duties; it is com.
petent for the governor or council to allow
or defective, to be aided and corrected by
an attested copy of the record as by statute
provided; the governor has no right to as.
sumo that return from city signed by
legal quorum of tho aldermen is
invalid it is immaterial whether
the aldermen return to the governor or
council the detailed vote of each ward sep.
arately, or whether they return the result
of all votes of all the wards for each candi.
date together; returns from towns or cities
which are not attested by town, plantation
or City ClotAHs 8tS UVl Val1U1 OU4oe1 u C1eIA
oro tempore had been chosen or deputy
clerk appointed, in which case the returns
would have the same force and effect ~ if
Mgned by the clerk; the governor has NO
right to reject returns of election of mem.
bers of the legislature which were not made
signed or sealed in open town meeting ;
when the majority of the selectmen are
absent from the meoting, or neglect or re.
fuse to perform their duties, the voters
present may choose the requisite number of
selectmeD, and in case of the death or re-.
moval of all the selectmen, two would be
competent to act; evidence would not be
admissible to prove that there were but two
seleotmen of the town. and the governor
and council cannot officially know there
are but two; person not citizen of the
United States may be elected or consti
tuted g. selectman, aud his official
acts are binding; if q ballot has distin'
gushing marx in the judgment Of the gov
ernor and council such as would make il
illegal under the statute, they have no au'
thority to disregard in their ascertainmenl
Of what persons appear to be elected, where
it appears by the Official returns of the of
ceived by the selectmen, subject t, theil
objection and its legality referred to th<
governor and council for decision; il
ditto" marks or dots are placed under
the figures or words of the first candidats'
votes, the returns should be counted, be
cause where it appears by letters or figure,
IN the first line, and by "ditto marks O.
by dots in the following lines, that the eam'
class Of candidates received the same vote
there can be no ground for rejection
the governor and council have NO powe
to reject returns unless an objection ia wait
Ing ie presented to them setting forth tha
the signatures Of such officers Tor some on
of them) are not genuine, or that the return
has been altered after it was signed, an
then only after the parties interested there
in have had fair opportunity TO be heard
4 when two lists of votes are returned to tn
of6cs Of the secretary Of state by the cler
!. Of any city, town or plantation, and bot
4 are duly certified, the return first receive
at the ofioe Of the secretary must be th
basis Of the action OF the governor IA
council, and IL detective, or not true cop
J. Of the reoord, Il can bs oorfested o. the d
teots aupplisd, only ii acoordance With Il
q. yiGie1s of the ptatute Relating thsrsto.