The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1880-01-09
Tie Maine Supreme Court on the Sit
uatl0n.

questions 1t was supposed had been so
carefully framed that the replies would
have no bearing upon the acts of the
governor and council in counting out
the elected Republican members of the
legislature. The answers, however, go
over the whole ground, aud clearly
show that his acts have been in plain
violation of law, as we'll as equity, and
that he has erred in interpreting the
letter and the spirit Of the statutes.
The report is unanimous, and was
signed by the full bench, one or two of
whom were Democrats. The Provi-
dence Journal gives the following sum
mary of the decision:
1t is not only competent but manda-
tory for the governor and council to al
low amended returns for elections which
are defective, for the language of the
constitution, though permissive, falls
within the well known legal rule, that
when public rights are concerned il
shall be construed as mandatory-a
command clothed In this language OF
courtesy; so clothed because it could
not be doubted that high and honorable
officials would unhesitatingly avail
themselves of all lawful means to de-
clare the result of the elections accord
ing to the actual fact, according to fun
dalnental principles of government !;
that q return need not necessarily be
signed by a majority of the selectmen
- t,xx l1,,f ha t,,usarstx <,f
rum, as in other business, where there
are seven, for instance, by three. When
such return is made, the governor and
council have no right TO assume that il
is not valid; that returns by wards are
not necessary If the whole number is
given, nor is it o material matter that
there is a return of votes as scattering,
provided such votes do not affect the
plurality of any candidate. The gov
ernor and council cannot officially
know nor have they the right to ascer-
tain, that the votes returned as scatter
ing were not actual ballots with the
word scattering written thereon. Nor
is the election of candidates to be
chosen by plurality TO be defeated be
cause the whole number of votes may
be stated enormously or not stated al
all. The constitution contains no such
requirement.. That returns are not in.
valid when attested by clerks pro tenn
pore instead of by an actual city OF
town clerk; that if returns purport tC
be signed and sealed in open town meet
ing, the governor and council have nc
right 10 reject them on evidence show.
ing that they were not; that where 6
selectman is an alien and not legally
constituted, his title cannot be collater
ally inquired into on a question of hi
action as de fdctO officer of town
which is bound by it; that the gov
ernor and council have 10 right to re
iect ballots illegally marked or distin
tinguished after they have been received
ny the supervisors of the election; tina
dots and ditto" do not ilvalidale re
turns, when the purport is clear; tina
the genuineness of returns is to be &C
cepted unless objection is made in writ
ing, and then, after hearing of tn,
parties interested, adjudication shouC
be made on the evidence; and that
while clerks and returning officers AZ,
liable TO punishment for frauds or neg
lect of their duty, these errors ant
frauds are not to be used as a means {
DISTINGUISHING the people. The prin
ciple in the whole case is declared L
be such construction of municipa
acts as will best comport with til.
meaning and intent of the parties a
derived from fair and honest interpre
tation of the + language, to sustain
rather than TO defeat the will of the PEG
Pile. The technicalitics, laboriousl,
constructed to defend the actions o
Gov. Garcelon and the council. are de
clared by the authorized interpreter
Of the constitution of Maine, TO be il
contravention of it. so that, as is usu
ally the case, the letter of the law i
not in contradiction of the equity of III,
circumstances it was constructed I,
regulate aud to defend. The reply o
he supreme court disposes of all tn
defence that has been offered by Gov
Garcelon, and shows him to have bee
as wrong in his knowledge of law as il
his ideas of justice.
The following extract from the deci
sion deserves to be studied and com
United to memory by every voter.
embodies deal of common sense o.
points wherein many are apt, like Gar
celon and his upholdcrs, TO becom
hopelessly bcfogged:
This government rests upon tb
great constitutional axiom that 'Al
power is inherent in the people, Il
is government of The people, by TN
people and for the people, and if ad
ministered in the spirit of its founder
1t shall not perish from the EARTH 1t
constitution was formed, TO use the ap
expression of one whose memory i
embalmed in the hearts of his country
men, by plain people, and 'plair
people must administer it. The ballo
is the pride as well as The protection O
all. 1t is the truest indication of tb,
popular will. The official returns re
Iquired from the municipal officers O
the several plant atoms, towns and citiei
are and will be made by plain people,
and made too in the hurry and bustl,
and excitement of an election. They
are not required to be written with thu
scrupulous nicely of writing master
or the technical accuracy of plea ia
abatement. The sentences may be un
grammatical, the spelling may dcviatt
from the recognized standard, but re
turns are not to be set at naught be.
cause the penmanship may be poor, th,
language ungrammatical or the spelling
erroneous. 1t is enough if the returni
can be understood, and, if understood
full effect should be given to their nat
ural and obvious meaning. They are
not to be strangled by idle iechnicaliiies
nor Is their meaning to be disturbed b,
carping and captions criticism. Whei
that meaning is asceriained there shoulC
be no hesitation in giving to it full eff
feet"