The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-08-27
"GOOD EASY READING.v

This government rests apon the great constitat-
tional aniona shat all poaoer is inherent IN the
people" st as a government of the people, by
the people andfor the peoples" and If adnatnis-
tered IN the spirit Of ats founders, sit shall not
perish from, the earth" lis constitution aoos
formed, TO use The apt expression of one achose
memory is enbdlned IN the hearts ofshis coua-
trynen. "by plain people," and '.plain people,
must administer 1T. The ballot as the pride, as
aoeH as the protection, Of ALL 1t is the truest in
dication Of the popular aoiU. The official returns
required from the municipal officers of the sea-
eral plantations, toavns and cities, are and a0M
be made By ..plain people," and made, too, IN
the hurry and bustle and excitement Of an elec-
ton. They are not required to be aoritten acith
the scropulous nicely Of a acrtting master, or
nth the technical accuracy of q plea in dbate-
ment. The sentences mag be ungrannadtical,
the spelling may de0idte from the recognized
standard; but returns are not to be set at ndught
because the penmanship may be poor, the Ian
guage ungramnatical, or the spelling erroneous.
1t is enough if the returns can be understood,
and if understood, tuU effect should be gioen to
their natural and obuious meaning They are
not to be strangled By idle tecInicdlities, nor is
their meaning to be distorted by co1ping and
cdptious criticism. When that n,eanengis ascer-
tanned there should be no hesitation an giving to
full effect. The language Of Mr.. Justice Nor
ton IN Strong, petitioner, 20 Pick. 4S4 is pecuL
iarly appropriate to the subjects under discus
sion. "What," he asks, "shait be the conSe-
quence Of an omission By the selectnaen or toapn
duties and upon achona shall 1T fall? For a aoiI
fuH neglect Of duty the officers acould atndoubt-
edty be liable to punishment. Bat shall the
acbole toaon be distran chised by reason of tht
fraud or negligence Of their o6icers2 1his
acould be Furnishing the Innocent for the traud
Of the guilty; it acould be more just and more
consondnt to the genius and spirit Of oar isti
tutions, to i,1ict serere penalties upon the mis-
conduct, Intentional or accidental, Of the eff
GERS, but to receice the uotes achene0er they can
be ascertained aoith reasonable certainty. Ifnc
return or any Imperfect one can be received
let it be supplied or corrected By the origina
record, If any there be-" The returns should
be receiced With foUor and construed acith liber
atty, for, he adds, '.tfona the men that usuallg
are, and Of necessity must be employed tt
make them, great .fornaality and nicety cannon
be e1pected, and should not be required" The
general principle achich gouernS is, that what
there should be q strict compliance rih the pro
oiSions Of a statute, get schen they are merel1
directory, such strict compliance is not essen
tial to the calidity Of proceedings under sucl
statute, ulaless they are declared to be therein
This is specially applicable achen the rights o.
the public or Of third persons arc concerned
The dominant rule is to give such constructor
to the official acts Of municipal officers as acl
best coneport acitb the meaning and Intention
Of the parties, as derired from fair ana
honest Interpretation Of the language used, a1ec
to sustain rather then to defeat the aoiU Of The
people, and thus di$tranchise the citizens.
JOHN APPLETON,
CHARLES w. WALTON,
VIM. &. BARRows,
CHARLES DANFoRTH
JOHN A. PETERS.
ARTEaIAs LIBBEY,
JOSEPH w. SYMoSDs.