The Portland daily press., 1880-09-08
"GOOD EASY READING"


This government rests upon the great constitu-
tional arione shat all poaoer is inherent in the
people," "It is governnaent Of the people, by
the people and for the people," and If admits
tered IN the spirit Of ats founders, "it shall not
perish from the EARTH" Its constitution aoas
formed, to use the apt expression of one aohose
memory is enbalnaed an the hearts of his cour-
t'yaaen. ''6y plain people," and '.plain people"
must administer 1t. The ballot is the pride, as
aoeH as the protection, of all. 1t is the truest IN
dication of the popular aoiH. The official returns
required from the municipal officers of the sea-
eral plantations, toacns and cities, are and ,ciU
be made By 'plain people," and made, too, IN
the hurry and hustle and excitement of an elec-
tion. They are not required to be aoritten with
the ScrapulouS nicely Of acriting master, or
aoits the technical accuracy of plea IN abate-
Dlent. The sentences may be urgran,,naticdl
the spelling may deviate from the recognized
Standard but returns not to be set at 1adught
because the penneanship may be poor, the lam
gucge anJrdmnaatical, or the spelling erroneous.
1t IS enough If the returns can be understood,
and if Understood, full effect should be given to
their natural and obvious meaning. They are
not to be Strangled by idle techncalities, nor is
their meaning to be distorted by carping and
cawious criticism. When that meanangis ascer-
taiaed there should be no hesitation in giuirg to
aJtM effect. The language of Mr.. Justice Nor
tonin Strong, petitioner 20 Pick. 4S4, is pecul-
larry appropriate to the subjects under discus
sion. "What," he asks, "shaU be the conse-
QuGace Of an omission By the selectnen or toaon
IN Of
dafes and apon schom shall 1T taU9 For a oil-
fali neglect Of duty the officers acould undoubt-
edly be liable to punishment. But shall the
aohole toaon be diSranchised by reason of the
fraud or negligence of their obicers9 This
acoald be Furnishing the innocent for the fraud
Of the guilty; 1T aooatld be more just and more
conSonant to the genius and spirit of our ir,sti-
tations, to ilict severe penalties upon the mis-
conduct, Intentional or accidental, of the eff
GERS, but to receiue the gotes wheneUer they can
be ascertained nth reasonable certainty. limo
return or any imperfect one can be received,
let be supplied or corrected by the original
rec5rd, if any there be-" The returns should
be eceired NTH auor and construed Nth liber-
alitf, for, he adds, "fron the men that usually
aanef nsza cr zseeesstey zssst DC enspsoye@ toz
He'~co 1eoHe, yfouc JViHuttty uftu fttCety
be expected, and should not be required.' The
general principle aohich gouerus is, that aohHe
there should be a strict compliance Nth the pro-
visens Of a statute, yet achen they are merely
directory, such strict compliance is not essen
tia to the validity of proceedings under such
statute, unless they are declared to be therein
This is specially applicable schen the rights Of
hepublic or Of third persons are concerned
TIE dominant rule is to give such a construction
to the official acts Of municipal officers as acM
bea coneport wih the meaning and intention
ofthe parties, as deriued from fair and
honest Interpretation Of the language used, and
to sustain rather than to defeat the aciU of the
people, and Mus diStfdnchise the citizens
JOHN APPLETON
CHARLES w. WALTON
VIM. G. BARRowS,
CHARLES DANFORTH,
JOHN A. PETERS.
ARTEMAS LIBBEY,
JOSEPH w. SYMONDs.