Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1880-01-09
The Maine Political Problem
OPINION or THE STATE SUPREME COURT.

OPINION or THE STATE SUPREME COURT.
The following is the unanimous opinion of
the Supreme Judicial Court rendered Satur-
Cay last in answer TO questions submitted by
the Governor:
Question /. When the Governor and coun-
Gil decide that there Is no return from city
on which representatives can be summoned
10 attend and take their seats In the LeRisla-
ture, is 1t their duty Ia. order new election,
or is it competent for the House Of Repre-
sentatives, If it shall appear that there was
an election of such representatives. in fact, to
admit them 10 seats, though no return thereof
was made and delivered into the Office of the
Secretary of State 2--Answer. No authority
is given TO the Governor and council when
there IS no return to order new election
When the seat of representative has been
vacated by death, resignation, or otherwise,
provision Is made BY the Revised Statutes,
chapter 4, sections SO, "A and Al, for the fill
ing OF existing vacancies. By these provis-
| ions whenever municipal officers therein mem
toned by any means have knowledge of the
death Of a representative-elect or Of a vacancy
caused in any other way, il IL their duty to
order new election. II 1t appears 10 the
House OF Representatives that there was an
election of representatives in fact, they should
admit them TO their seats, though no return
thereof was made 10 the Secretary Of State.
A representative is not to be deprived of his
rights because municipal officers have neg
lee!ed their duty.
\Qeeslion z is II competent for the Cover
| nor ana council TO allow the substitution Of
olher evidence 10 the place OF " the returned
COPIES OF such list, as are provided for in
article =, part /, section OF the Constitution,
to enable them TO determine what persons
appear to be elected = representatives to the
Legislature by plurality of all the votes re-
turned. answer. ms refers to the substi-
lntion authorized by act 1877, chapter 2l2.
The constitution calls for return that is reg
uiar IN the essential forms, and which truly
represents the facts to be described by it.
out much OF tne CONSTITUTIONAL requirement
is directory merely. IL does not aim at de-
PriViug tue people OF their right OF Suffrage
OF 'heir right OF representation-for formal
errors, but aims AT avoiding such result.
When constitutional requirement has not
oeen iully or has been effectively executed
Dy Town omcers, 1t is IN aid OF the constitu-
uonai provision TO supply the omission or de-
nciehcy as nearly and AS correctly as may be.
ouch Is the purpose OF The statute. II is COM
petent Tor the Governor and council 10 allow
an erroneous return or one that is informal
OF perceive 10 De aided and corrected BY an
attested copy oil the record as by the statute
provided. The object Of the constitutional
provisions respecting elections is to furnish
as many safeguards as may be against a fail
ure, either through fraud or mistake. cor.
rectly to ascertain and declare the will OF the
people as expressed in the choice Of their Off
GERS and legislators Hence the reonirenent
that not only shah returns be made on the
spot in open town meeting, but a record of
the vote shall be made at the same time and
-, n 4
dent or willful neglect there is an error or
omission in the return what can be safer than
to refer 10 the duplicate statement by the
record TO correct in This the statute of
1877, chapter 2l2, allows 10 be done and
while the language is permissive il falls
within the well-known legal rule that when
public rights are concerned IL shall be CON-
strued as mandatory. A command clothed
in the language of courtesy is SO clothed be-
cause il could not be doubted that high and
honorable officials would unhesitatingiy avail
themselves OF all legal means 10 declare the
result Of an election according to the actual
fact in obedience 10 the fundamental princi-
Piles of popular government. The governor
and council are bound by the statute tits
mandatory upon them; il imposes a duty 10
the public that must be performed. Whether
the act referred to coniravenes the constitu-
ton in allowing oral evidence to be received
% show the intention of the voters in casting
fEs, votes is ataotber parI Of that statute
FnH" We A'e Hot no" caiied uPvu 10 Cor
S'p'.' unconsf'tuuonai IN Tue latter re-
op..' I'M "ou,u not nhect the constitution
amy VI 'ne o'nsr separate ana Independent
pro'sion'
question :: Isl return signed by less than
"aaJorIsy ., tue se'ectneh OF Town or the
"'ue," on " CITY 'aitu wlthln tue require
.s VI 'uo SAn'o seouoh answer. 10 ms
Question VIC answer that whiie town may
,'' s@%iy eieo' US many Ms seven seiectmen u
"enrn"o"n prac'ee Is 10 eject only three,
s"u ~ sucn cases return, 10 DO valid, mnst
oe o'sueu ~ naJori'y OF them, because by
no POSSIBILITY can less number constitute
leeal quorum, put the rule IS otherwise with
reTpeo' 70 .ne hluermen OF cities. Most OF our
e'e' ".e .equteu =! Ia" 10 nave as many as
5ese" aiuerheh, ana none OF them, we be-
~ nav ess IMAM h'e' 10 constitute
quorum II Is only necessary TO have major
NY Vi the "hoie present. and when such
quorum Is present a majority OF the quorum
may 40 business surprising the number TO
oe seven, .our wouiu constitute legal quo
run anu tne,e oe,ng majority OF that quo
rum eouIu eea"y ACT, aithough fourth
s"ouiu te'uSe :" JON 'nen or shouia oppose
o'.,. a1'iou. consequently II return from
L.. Il. = - :. $500
" uu'ee y. .ne"' may DC saiid ana legal
a'", v"iy 'our may nave oeen
p'sse"', auu ~ s"on case three n-ing ma
y."y " ."ose present. eou'u legaliy ACT,
ai'nousn 'ne 'our'n shouid oppose their sc-
uou anu ie is 70 Jo,n mem "hen such
a au - 'a,u oe'o'e "'e DoNefhor ana coan-
". 'ue! ea"not hno", anu ,ney nave no right
~, ~ " a'.. wa. ue re'uIn Is nov v"hd' It's
we u", ~ "''e.'he" W oe III session anu ex-
au,ue WI. 'e'uins' compare aud decline
'o.es, auu Wy 1u.! o, 'ne CLERK 70 make y
.eoo'u snetso,' FROM 'ha' record, certihed
.Dpy ~ which y re,urneo' tne'iaw presumes
,ha' quoruul o' aldermen was present The
IL" WIN reSpeet 70 quorum and maJorities
Us correctly stated IN Danes Arrangement
Ioo, anu l. ph'on MnnicipAi Corporations,
seouons 1to anu zi'' In Tue latter work IT
sa'u 'na' oou'es composed Of Definite
numoer ac. oy ule maorites OF those pres
ent, pro''ueu ,nose present constitute ma
!nr''y OF Tue "hoie NUMBER or, to use Danes
Illustration, u BODY consists OF twelve
eouhciim.a' seven Is tue least number that
eau constitute wand meeting, though four
OF seven may act and MS far as we are aware
inc law Is SO stated IN substance by oil ancient
anu modern authorities The rule applicable
TO such cases Is similar 10 that which applies
80 80 ~ 81. Rl