Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-01-05


fully and corruptly testify falsely. The Gov
ernor and council have no right to reject re-
turns for such cause without giving the parties
interested therein fair opport unity to be
heard. The genuineness of the return in these
particulars is to be presumed, and this pre-
sumption remains until overcome by evidence
produced as before said.
Question-If the governor aud council have
before them two lists of votes returned from
the same town differing materially from each
other in the number of votes returned cast
for the same persons, but identical in all other
respects, both having been duly received at
the secretary's Office, and they have no evil
dence to enable them to determine which is the
true and genuine returns, are they required to
treat either of them as valid?
Answer-Whcn two lists of votes are return
ed to the Office of the secretary of state, the
clerk of any city, town or plantation, and both
are duly certified, the return first received at
the Office of the secretary must be the basis Of
action of the governor and council. Ii defec-
tive, or not a true copy of the
record, it can be corrected or de-
fects supplied only in accordance with
the provisions of the statute relating thereto.
This government rests upon this great consti
tutional axiom, that all power is inherent in
the people, 1t is a government of the people,
by the people and for the people, and if adj
ministered in the spirit of it's founders it
shall not perish from the earth. Its cOustitu-
ton was formed, to use the apt expression of
one whose memory is imbalmed in the hearts of
his countrymen. 'by plain people, and plain
people must administer it. E" The ballot is the
pride as we'll as the protection of all. 1t is
the truest indication Of the popular will The
official returns required from municipal Off
GERS of the several Plantations, towns
and cities are and will be made by plain peo-
pie, and made, too, in tho hurry and hustle and
excitement of election. They are not required
to be written with the scrupulous nicely of a
writing master, or with the technical accuracy
of plea in abatement. Sentences may be un-
grammatical, spelling may deviate from the
recognized Standards bnt the returns are not
brought to naught because the penmanship
may be poor, the language ungrammatlcal, OR
the spelling erroneous. 1t ia enough if
the returns can be understood. Full eff
feet should be given to their natural
and obvious meaning. They are not to
be strangled by idle tecbnicalities.
Nor is their meaning to be distorted by carp
ings and captious criticism. When the mean
ing is ascertained there shauld be no hesitation
in giving it full effect. The language of JUS
tice Morton in Strong-Peter Y, Beck 1884, is pc
culiarly appropriate to the subjects under dis
cussion. What, he asks, shall be the conse-
quence of the omission by selectmen OF town
clerks to perform any of these their prescribed
duties and upon whom shall 1t fall for wilful
neglect of duty. Officers would undoubtedly
be liable to punishment. But shall the whole
town be disfranchised by reason of the fraud
or negligence of their officials? This would be
Furnishing the innocent for the fraud of
the guilty. 1t would be more just and more
consonant to the genius and spirit of our
institutions to intiict severe penalties upon
misconduct Intentional accidental, of Off
GERS, but to receive votes whenever they can be
ascertained with reasonable certainty. If no
return any imperfect one can be received,
let it be supplied corrected by the original
record if any there be. Returns should be re-
ceived with favor and construed with liberal
ity, for, he adds from men wh2 usually are
and necessarily must be employees to make
them, great formality and nicely cannot be ex-
pected and should not be required. The gen
eral principle which governs is that, while
there should be strict compliance with the pro-
visions of the statute, yet when they are mere
ly factory, such strict compliance is not
essential to the validity of the proceedings
under such statute, less it is SO declared. This
is specially applicable when the rights of the
public or of third persons are concerned. The
dominant rule is to give such construction to
the official acts of municipal officers as will
best COMFORT with the meaning and intention
of the parties as derived from fair and hon
est Interpretation of the language used, to sus-
tain rather than to defeat the will of the peo-
pie and disfranchise citizens.
(Signed,) JNo. APPLETON,
THos w. WALTON.
VIM. G. BURROWS,
CHARLES DANFoRTH,
JOHN A. PETERS,
ARTEMUs LIBBEY,
JOSEPH w. SYMoNDs.
dARCELoN ON THE SITUATION.
WArERvIILE, Me-, Jan. 3.-The town hall
was filled to its utmost capacity at the law and
order meeting tonight. Gov. Gareelon said:
II stand before you the most abused man
in the United States. l am not here to apollo
gize or to ask your.pardon, but will ask your at
tention to the constitution and law and if in any
respects / or my council haze violated that law,
you have your remedy. You say that majority
rule is the central principle of our govern
ment system. but should not the majority be
expressed in a legal and constitutional man.
ner? You are all aware that at the late cleo
ton every effort was made on both sides to
secure majority. and that the fusion party
had a majority of 2, 600 votes. challenge any
man, do not care how ardent a Republican or
rabid Democrat to take the returns, and if
there is any instance where we have not applied
the same rule to friend or foe, then you can
condemn us. find tabulated returns where
GA towns have been rejected. ThirtytwO were
Republican, 80 Democratic and 2 a tie. Does
this look like conspiracy? Does it look as if
the rule had not been applied properly" Re-
ferring to the city of Lewiston, the Governor
said no one doubled the voice of the people.
That, he knew, his own city, was largely Re-
publican, but it was question Of law
with them. 1t does seem an outrage
that those who appear to be elected were re-
jected, but there il law and constitution on
the other hand which must he respected. But
you, my friends, condem us because we do not
think it right to 60 behind the returns, l ask
you to consider what would become of our re-
publican form of government If men you
choose to office should violate the laws and
constitution to suit their own partisan feel
ing. So great has been the excitement | have
called upon the supreme court to decide the
question which has been decided for fifteen years
and when that decision is rendere / hope the
people will be satisfied The governor closed
by advising his hearers to examine the facts
in the case calmly and they would find that the
governor and council were not snch terrible
bad men after all. Resolutions were then read
ratifying and sanctioning the cause of the
governor and council.