Morning journal and courier., 1880-01-05

no. and the House at 12:50 p. m.-and go
 through the formality of an adjournment sine
 de.
 NOT ENCOURAGING TO FRAUD.
 Saturday night, at Waterville, Governor
 Garcelon made speech in explanation and
 defense of the action of the Maine conspira-
 tors. In that speech he remarked: ''So great
 has been the excitement I have called upon
 the Supreme Court to decide questions which
 have been decided for fifteen years, and when
 that decision is rendered I hope the people
 will be satisfied" The answers of the Su-
 preme Court to the twelve questions pro
 pounded will be much more satisfactory to
 the honest people of Maine and those outside
 the State than they will to Governor Garce-
 lon, who helped to frame the questions so as to secure answers that would not satisfy hon.
 est people.
 If anything were needed to show the wick edness of the plot to defeat the will of the
 voters of Maine it would be found in the de- cision of the Supreme Court just rendered. This decision leaves the conspirators no ground
 to stand upon. The Judges lay down the prin- cip1e that the will of the people must be re- spected, and say that though the Constitution calls for a return that is regular in essential forms, and which truly represents the facts to be described by it, much of the constitutional requirement is directory merely, and not man datory. The Constitution does not aim at de- priving the people of their right of suffrage, of their right of representation, for formal errors, but aims at avoiding such result. Where the constitutional requirement has not been fully or has been effectively executed by the town officers, it is In aid of the constitu-
 tional provision to supply the omission or de- fciency as nearly and as correctly as may be. If by accident or willful neglect there is an error or omission in the return, what can be safer, it is asked than to refer to the dupli- cate statement by the record to correct it ? This, it is pointed out. the statute of 1877 al- lows to be done, and though the language is merely permissive it falls within the we'll known legal rule that when public rights are concerned it shall be construed as mandatory. l And the Judges give the eonspirators sharp thrust when they say "A command clothed in the language of courtesy is so clothed be- cause it could not be doubted that high and honorable officials would unhesitatingly avail l themselves of all legal means to declare the re- I suit of an election according to the actual fact | in obedience to the fundamental princi- ples of popular government" Instead of availing themselves of all legal means
 to carry out the will of the people the con- I spirators have done their utmost to SO use the | law as to support themselves in obstructing I that will
 The Judges also say that 8 representative is
 not to be deprived of his rights because muni- | cipal officers have neglected their duty. On
 this point it is declared that Eff it appears to
 the House of Representatives that there was
 an election of representatives in fact they
 should admit them to their seats, though no
 return thereof was made to the Secretary of
 State" They decide. too, that return is valid even if signed by less than majority of
 the aldermen of @ city. And 'Tt is immateri- al whether the aldermen returned to the Gov l ernor and Council the detailed vote of each | ward separately or whether they returned the result of all votes of all the wards for each candidate. Either mode is satisfactory way of reaching the same result. Substance only 1 is sought for in such matters nor is it ma terial matter that, instead of returning all the names of the persons voted for, there is 8 re- ! turn of votes as 'scattering;' provided that,
 however, such votes may be added or sub I tracted when some candidate or set of candi- dates appears to be chosen by plurality of \ the votes thrown" The signature of a town
 or city clerk pro tempore or deputy clerk is oe ,oEo 1, sos,1 al officers must be regarded as conclusive, and must constitute the basis of action of the I Canvassing Board. The Governor and Coun- | cil cannot officially know that there were but two Selectmen in any town s'at the time of the 1 meeting at which the election was had" They ! are to be governed by the returns. A person 1 not citizen may be elected or constituted a Selectman, so that his official acts bind the 1 town and are valid, so far as affects the pub lie. Such an one would be an officer de facto ! and be clothed with apparent right. If a bal ! lot has distinguishing mark or figure such as would make it illegal under the statutes the officers of the town should reject it. The ! statute prohibits rejection of the ballot after I it is received into the ballot box. It is then { to be counted, and the Governor and Council have nothing to do with the question of the legality of ballots, even if 1t is improperly re- ferred to them for decision. The word ''dit- i to" and it's abbreviation to ''do" and the dots or marks that stand for the word Hditto" are of common use and have perfectly well de- fined meaning known to persons generally. That meaning should not be disregarded. The Governor and Council have no right I to reject returns on the ground that the sig natures are not genuine or that the returns 1 have been altered, unless an objection in writ l ing is presented to them, and the testimony of sworn witnesses at fair hearing supports | the objection. Where two lists of votes are returned to the office of Secretary of State by I the clerk of any city, town or plantation, and
 both are duly certified, the returns first re- | ceived at the office of the Secretary of State ! must be the basis of the action of the Govern. or and Council. If defective, or not a true copy of the record, it can be corrected or the
 defects supplied only in accordance with the
 provisions of the statute relating thereto.
 This is the substance of the answers by the Supreme Court to Governors Garcelon's
 twelve questions. The judges make it plair
 that the conspirators are actingisscontrary tc l common honesty, common sense and good l law. It remains to be seen whether an at
 tempt will be made to complete the fraud The Legislature meets Wednesday, and it may