Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1880-01-09
Maine.

In brief item, last week, we announced
the fact that the Governor and Council Of
Maine had submitted a series Of questions to
the Supreme Court of the State on points
concerning the counting out Of the Republi-
can majority in the Legislature. This sub
mission Of the case to judicial tribunal was
evidently made very reluctantly, and only be-
cause it was imperatively demanded by the
overwhelming force Of public opinion. These
questions did not cover the ground indicated
by ex-senator Morrill,, nor were they such as,
in the estimation of Republicans, were need
ed to decide whether the Governor or his op-
ponents were in the right in their interpreta-
ton Of the election laws Of the State. Il was,
moreover, announced that the questions had
been 30 framed, by an astute lawyer. as to e1-
tract answers favorable to the Governor and
his abettors, and that whatever was the yer.
dict Of the court, it would have no effect up
on the result. On Friday the seven Justices
constituting the Supreme Court Of the State
assembled, and their answers to the ques-
tons submitted TO them were rendered on
Saturday. A short, comprehensive and un-
prejudiced summary Of the Governors ques-
tons and the Courts answers is given in
another article.
The opinion Of the Court is q sweeping and
crushing condemnation of the course of Gov
ernor GArcelon and not only is it this. and
vindication of the position sustained by the
Republicans; it is an unqualified endorse
ment and eIpounding of the vital principles
which underlie our whole system Of republ-
can government. One of the strongest and
most emphatic points in the opinion is that
in which the Judges, brushing unceremoni-
ously away the governors attempted trifing
with mere technicalities, say that the consti-
tuition Of the State and the laws passed under
it relative to elections and returns are TO be
so interpreted as TO insure an expression Of
the popular will by the ballot and that these
were never intended to deprive any portion
of the people Of the right of suffrage-that
the very idea of "a government of the peo-
pie for the people and by the people, antag-
onizes any construction of law which makes
it difficult for the people to express their will
by the ballot. This is good law and common
sense, not alone for the State of Maine, but
for every State.
The several specific declarations in the
opinion-thst the Governor and Council have
no authority to go behind the returns-that
the law of 1877, which permits the correction
of returns to conform TO the record, is not
only constitutional but mandatory upon the
Governor and Council-that the fact that GER
tain votes are returned as scattering" does
not invalidate a return-that the fact that on
" three aldermen, where a quorum Of q
board Of seven is four, signed a return, does
not invahdAte it-that the Governor and
Council have no right to question the qualif-
cations of the officers making returns, or
whether they are made in open town meet
ing-that returns are not invalid when attest
ed by clerks pro te'npOTe instead of by an act
uAl city or town clerk-that the Governor
and Council have no right to reject ballots H.
legally marked or distinguished after they
have been received by the supervisors of the
election-that dots and ditto" do not invah-
date returns, when the purport is clear-these
and other points at issue, are fully set forth
in the opinion as elsewhere stated in detail
The spirit of the whole decision is most clear
ly shown in the few general remarks with
which it closes. Ii says
This government rests upon the great
constitutional axiom that all power is inhe-
rent in the people. 1t is a government of
the people, by the people and for the people,
and if administered in the spirit of its found
ers it shall not perish from the earth. It's
constitution was formed, TO use the apt ex-
preston OF one whose memory is embalmed
in the hearts of his countrymen, by plain
people, and plain people must administer
it, The ballot is the pride as well as the pro-
lection Of all. II is the truest indication Of
the popular will. The official returns re-
quired from the municipal officers Of the sew
eral plantations, towns and cities are and will
be made by plain people, aud made, too, in
the hurry and hustle and excitement of an
election. They are not required TO be writ
ten with the scrupulous nicely of a writing
master OF with the technical accuracy of
plea in abatement. The sentences may be
ungrammatical, the spelling may deyiate
from the recognized standard, but returns are
not TO be set at nRught because the penman-
ship may be poor the language ungrammati-
cal or the spelling erroneous. It is enough
if the returns can be understood, and, if I'M
derstood full effect should be given to their
natural and obvious meaning. They are not
to be strangled by idle technicalities, nor is
their meaning TO be disturbed by earping and
cAplOub crluclSLu. Nntu luht meaning Is
ascertained there should be no hesitation in
giving it full effect"
The announcement of this decision was a
stunning blow to Gov. Garcelon and his fellow
conspirstors. 1t had the effect to immedi-
ately silence all talk on their part in attempt
ed justification Of their action, and all boast
ing of their plans for the future. When the
Governor was interviewed on Sunday he was
entirely non-committal, and it was evident
that he appreciated the awkwardness of his
situation. What the effect Of the Courts
opinion viii be, 80 far as deciding the course
of action of either party when the Legisla-
ture meets is concerned, cannot at this writ
ing be foretold. Three of the counted-in
members Of the House and two counted-in
members of the Senate at once announced
that they would not attempt to take thsie