The Portland daily press., 1880-08-30
"GOOD EASY READING.o

This government rests apoT the great constitu-
tiondl aaiom "that aVpoper is Inherent IN, the
people," 1T is a government Of the people, 5y
the people aradtor the people," and If adminis-
tered IN the spirit Of ats founders, sit shall not
perish from the earth" It's constitution acas
formed, to use the apt expression of one aohose
memory IS e1abalaed IN the hearts of his coun-
trynaen, "by plain people," and '.plain people"
mast administer it. The ballot is the pride, as
aoeH as the protection, Of all. It is the truest in
dicatfon Of the popular aciN The official returns
required from the municipal officers of the sey-
erd plantations, to,cns and cities, are and syiU
be made by '.plain people," and mode, too in
the hurry and bastle and excitement of an elec-
ton. They are not required to be aoritten aoith
the scruputous micety Of a acriting master, or
acah the technical accuracy Of a plea in abate-
naent. The sentences may be atngrarnnaatical,
the spelling may deviate from the recognized
Standard but returns are not to be set at aaauoht
6ecoase the pes'snd,shi - naa1s q sapp1lnH1aN
ya9e or che s1'exf'sg
aiaG fatadeTstood, JaH effect elaoaa,d be asress
their natural and oboious meaning. They are
not to be strangled By idle tecAnicdities, nor is
captious criticism. When that naeaaangis ascer-
tanned there should be no hesitation IN giving to
1t faue6ect. The language of Mr. Justice Nor
ton IN Strong, petitioner, 20 Pick. 4S4, is pecul
idrly appropriate to the subjects under discus
sion. "What," he asks, "shaH be the conse-
qoence of an omission By the sezectmen or town
clerk topertorm any of these (their) prescribed
duties and upon achona shall at talla For aeil-
full neglect of duty the officers ,ooatld undoatbt-
edty be liable to punishment Bat shall the
achole toacre be disfranehised by reason of the
fraud or negligence Of their oticerso This
acould be paaaishi'ag the innocent for the fraud
Of the guilty; it acould be more Just and more
consonant to the genius and spirit of oar insti-
tutions, to irfict severe penalties upon the mis-
conduct, Intentional or accidental, of the eff
GERS, but to receive the Uotes aoheneUer they can
be ascertained acith reasonable certainty. Ifno
return or any imperfect one can be received,
let it be supplied or corrected By the original
record, Vany there be-" The returns should
be receired cith fauor and construed aoitA liber-
dtity for, he adds, 'fron, the men that usually
are, and Of necessity must be employed to
make them, great tormality and nicely cannot
be erpected, and should not be required" The
general principle aohich goUerns is, that achue
there should be strict compliance cith the pro-
visions of a statute, get achen they are merely
directory, such strict compliance is not essen
tial.to the validiy Of proceedings under such
statute, ualess they are declared to be therein.
This is specially applicable aohen the rights OF
Mepublic or Of third persons are concerned.
The dominant rule is to give such construction
to the official acts cfmunicipal officers as aoal
best com1port acih the meaning and intention
Of the parties, as deriyed from fair and
honest Interpretation Of the language used, ana
to sustain rather than to defeat the wM of the
| people, and thus disfranchise the citizens.
JOHN APPLETON,
| CHARLES W. WALTON,
VIM. G. BARRows,
CHARLES DANFoRTH
JOHN A. PETERS,
| ARTEMAs LIBBEY,
JOSEPH W. SYMoNDs.