The Portland daily press., 1880-09-01
"GOOD EASY READING"

This government rests apon the great constitu-
tional ariona "tbat all poaoer is Inherent in the
people" ut is government of the people, by
the people and for the people," and If adnainis-
tered IN the spirit of its founders, sit shall not
Derisb from the earth III cUuStttatso3a ecae
aa4,4.a4a, use The apt oppression of one whose
'nenaery is enbalned IN the hearts Of his coun-
trynaen. ''by plain people," and '.plain people,
mast administer It, The ballot is the pride, as
aceU as the protection, of aU tits the trstest in
dication Of the popular acM. The official returns
required from the municipal officers of the seq
eral plantations, toaons and cities, are and aoM
be made By '.plain people," and made, too, IN
the harry and hustle and excitement of an elec-
ton. They are not required to be written Nth
the sc1apulous nicely Of a scriting master, or
acih the technical accuracy of a plea in abate-
nent The sentences mag be ungrananaatical,
the spelling may deuiate from the recognized
standard; but returns are not TO be set at naug,t
because the penmanslip may bepoor. the Ian
getdge u'agran,nsatical, or the spelling erroneous
II 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 technicalities nor is
their meaning to be distorted by ca,ping and
captious criticism. When that naeanaagis ascer-
tanned there should be no hesitation in giuing to
HfuN effect. The language of Mr. Justice Nor
ton IN Strong, petitioner, 20 Pick. 4S4, is pecu-
iarly appropriate to the subjects uader discus-
sion. "What," he asks, ''shaH be the co1,se-
qatence Of an omission By the selectmen or toaon
clerk topertorm any Of these (their) prescribed
duties and upon aohom shall at fdU9 For agil-
full neglect ofduty the officers acould undoubt-
edly be liable to punishment. Bat shall the
uhole toaon be distranchised by reason of the
fraud or negligence Of their officers? This
Dould be Furnishing the innocent for the fraud
Of the guilty; it acould be more just and more
consonant to the genius and spirit Of our insti-
tuions, to irict seuere penalties etpon the mis-
conduct, Intentional or accidental, of the eff
GERS, but to receiUe the yoteS WheneUer they can
be dscertdined aeith reasonable certainty. If no
return, or any imperfect one can, be receiUed
let it be supplied or corrected By the original
record, If any there be.'' The returns should
be received NTH facor and construed Nth liber
atty, for, he adds, sfrona the men that usually
are, and Of necessity, must be employed to
make them, great tornsalHy and nicely cannot
be expected, and should not be required" The
general principle aohich governs is, that while
there should be a strict compliance aoith the pro
Uisions of a statute, get achen they are merely
directory. satch strict compliance is not essen
tidl to the ualidity Of proceedings under such
statute, unless they are declared to be therein.
THIS is specially applicable achen The rights of
epublic or Of third persons are concerned.
The dominant rule is to giye such a construction
to the official acts Of municipal officers as aoiz
best conport aoith the meaning and intention
Of The parties, as de,ired from fair and
honest Interpretation Of the language used, and
to sustain rather than to defeat the aoM Of the
people, and thus disffanchise the citizens.
JOHN APPLETON
CHARLES w. WALTON,
VIM. G. BARRows
CHARLES DANFoRTH,
JOHN A. PETERS.
ARTEMAs LIBBEY,
JOSEPH w. SYMoNDs.