The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1880-01-07
GENERAL TELEGRAMS.
THE MAINE MIDDLE.

Matters.
BoSTOS IAN. Especial dispatches from
Augusta So, ssy Inst IuinOrs are apreVailhg IN
ton have been Issued in blanks bearing the
seal OF the secretary OF state and given Repub
Appended TO the certificates the words,
''YOu viii be protected"
LOOKING FOB THE JUDGES oPINIoN-oTHER
MATTERS.
AUGUs-A. Jan. 3,-The opinion OF the judges
on the questions submitted by Governor Gar
celon Is expected TO be promulgated at Bangor
to-day. There are intimations that the opln-
ion will be fun and sweeping covering most of
the points at issue. The Republicans
for a sweeping Endorsement of the Republi-
can position, and that it VIII give them
control of the Legislature beyond a doubt. The
4 opposition appear to be depressed correspond
ingly, though they can Dot give any certain or
substantial reason for the depression. They
say that the Legislature will be duly and
promptly organized on Wednesday by the APP
pearance Of certideated members, and legis-
Iatlon va promptly proceed, notwltnstapd u q.
no quOTum will be present. Four Fusion
members have already indicated that they
viii not accept their certificates. Eugene
Hale and stephen D. Lindsey, members OF
Congress, came here this loren noOn. Lindsey
expresses the opinion that the counting out
will not succeed, and that the mem bers will
do justice to those who have been deprived OF
their seats. II is known that no official orders
were ever issued for the employment of
armed police at the State House. Most of the
state officials say that they disapproye of the
Nome by the night tram.
NOT ACCEPT.
FAR1IISGToN. Ne. Jan: S'TLouis Voter,
representative, has returned his certificate to
the governor, believing that the reason given
sufficient 10 Justify his acceptance OF the posi-
tion.
THE DECISION OF THE SUPREME COURT.
BASGoT- Me-, Jan. s.-The following IS the
official text Of the unanimous opinions of the
supreme Judicial court, finished and signed
this afterlOon in answer to the questions sub
BANGOR, Jan. g., 1850.
To Hon. Alonzo Garcelon, Governor of Maine.
The undersigned justices OF the supreme
judicial court, have the honor to submit the
following answers to the questions proposed:
Question /. When the governor and cOun-
cll decided that there is no return from a city,
attend and take their seats in the Legislature,
is il his own duty to order new election, or is
it competent for the House of Representatives,
iflt shall appear there was an election of such
represen -atiVes. in fact, to admit them TO
seats, though no return thereof was made and
State NV '-'0 0''''' - '''o 'eN-e''-' u
Answe--No authority is given to the gov
ernOr and council, when there is no return, 10
order new election when the seat of repre-
sentative mas been vacated BY death, resigna-
CA. secs. IS, A. AZ, for the filling of existing
vacancies. BY these provisions. whenever a
municipal officer therein mentioned by any
OF the representative elect or of
Vacs ncy caused in any other way,
it Is their duty to order new election. II
there an election of representatives in
fsct thev should admit them 10 their seats
though no return thereof was made to the Sec
reiaTy OF state. A representative is not TO be
deprived OF mis- rights because municipal OFF,
Gers have neglected their duty,
Question 2-Is il competent for the COVER
nor and council to allow the substitution of
other evidence in the place of the returned
copies OF such list, as are provided for IN arti-
Gle four, part first, section hye OF the consu-
tuition, 20 enable them to determine what per-
sons appear to be elected representatives to
\, the Legislature by plurality OF all votes re-
4. turned.
Answer-This refers to the substitution au-
tnoTized by the act of 1871. The constitution
calls FOR & re urn that is regular in the essen
tisl forms, ana which truly represents The
facts to be described by it, But much OF the
constitutional requirement is a directory
merely. Z does not aim at depriVing the peo-
pie OF their right OF suffrage or OF their right
of represe ltation for formal errors. but aims
at avoiding such a result. Where the consu-
been dsfectively executed by town officers,
il is IL aid of constitutional provision
TO supply omission or deficiency nearly and
as correctly as may be. Such Is the purpose Of
the statute. II is competent Tor the governor
and council TO allow an erroneous return or
one that is informal or defective, TO be aided
aud corrected by an attested copy OF the
record, as by the statute, provided the object of
the constitutional provisions respecting cleo
be, against failure, either through fraud or
mistake, correctly to ascertain and de-
expressed in Nm the choice Of their
officers and legislators. Hence, that the require
ment tnat not only shall returns be made on
the spot Il open town meetings, but record
of the vote shall be made at the same time
and authenticated. In like manner, If by
accident or wilful neglect there is an error or
omission IN a return, what can be safer than
to refer 10 duplicate statement, and by the
2I2, allows It be done, and while the
language is permIssive, IL falls within
the weL-knOwn legal rule, that when
shall be construed as mandatory, command
clothed in the language OF courtesy, so clothed
because Il could not be doubted that high and
honorable officials would unnesitatingly avail
themselves Of ali lawful means to declare the
result OF the election according TO the actual
facts. n obedience to the fundamental prIn-
ciples o. popular government, the governor
and gTeD n5e fSe P ne sestae y ~ S
the public that must be performed.
Whether the act referred TO con-
travenes the constitution in allowing oral ev-
idence 10 be received to show the intention of
voters IN casting their votes, is another part
OF the statute which we are now called upon
to consider. II unconstitutional in the latter
respect that would not affect the constitution
ality OF other separate and independent pro-
Question s-Is a return signed by less than
nnsjOrity Of the selectmen OF town, or al
dermen OF city, valid within the require
ments OF he same SectiOn2
Ansver-TO this question We answer that,
seven s.Iectmen' The Weii.known practice is
to elect only three, and in such cases a return.
to be valid, must be signed by majority OF
them, because by no possibility can a less
number constitute legal quorum; but the
rule is otherwise with respect to aldermen OF
cities. Most OF our cities are required by law
to have many as seven aldermen, and none
ofthem. We believe, has less than five. To
constitute a quorum. it Is only necessary
to have a majority Of the whole number pres
ent, ana when such quorum Is present ma
jority Of the quorum may do business sup
posing tue number to be seven, four would
constitute legal quorum, and three being
msiority that OF quorum could legally sct,
although the fourth should refuse 10 join
them, or should oppose their action. Conse-
Quentlv II a return from a city having 1ve or
seven aldermen is signed by three OF
them. IL may be a valid and
legal return, because only four
may have been present, and In such case three
Oeing a majority of those present, they could
legally act, although the fourth should oppose
their action and refuse to join them. When
such return is laid before the governor and
council they can not know, and they have no
q right to assume, that the return Is not valid.
II is the duty Of the aldermen TO be In session
and examine the ward returns, compare and
declare tr q votes, and of the clerk to make a
record thereof from that record, a certified