The weekly miner. [volume] (Butte, Mont.) 1878-1881, 1880-01-13


and examine the ward returns, compare and
declare votes, and of the clerk to make a
record OF them off from that record, the GER
tlhed copy of which is returned The law
pfesllmes that quorum of aldermen was
present in the latter work, and authorities are
quoted to the effect that bodies composed of
aefinite number may act by lnajorities of
those present, provided those present consti-
.ute majority OF the whole number. If the
body consists OF twelve councilmen seven is
the least number that can constitute valid
meeting, though four out of seven may act
and so far as we are aware the law is so stated
IN substance by all ancient and modern au-
thorities. The rule applicable to such cases
Is similar to that which applies to our House
OF Representative. The whole number of
Representatives established by law is not
majority; that is, seventy-siX members consti-
tute quorum to do business, and if there
is actually that number present and a
majority, that is thirty-nine members, vote
in the affirmative "A valid law can be enacted
or other business transacted. If less than
seventy-siN members are present then no
business can be done except to adjourn or
compel the attendance of the absent mem
bers. This is a familiar law and illustrates
the principle applicable to aldermen of cities,
and shows how and why returns signed by
less than a ma iority of the whole number
may be and so far as the Governor and coun-
Gil are concerned are conclusively presumed
to be valid. They have no right to 90 behind
the returns. A chosen or deputy clerk may
be appointed under the statute. Returns
signed by pro TEN. or deputy clerks are to
have the same force and effect as if signed by
clerks.
Question 6. Have the Governor and Coun-
Gil a right to reject the returns Of the election
of members of the legislature required by
the same section from officers of towns which
were not made, signed or sealed up III open
town meeting
Answer. The Governor and council must
act upon the returns forwarded to the Secre-
tary of State. If they have not been made,
signed sealed up in open plantation Or town
meetings they constitute the basis of action
of the canvasslng board. No provision IS
found in the constitution OF in any statute of
this State by virtue of which they would be
authorized to receive evidence to negative
the facts therein set forth. They, therefore,
have no such power. The statement of the
municipal officer is in that respect conclusive.
Question Z. Is the return of two persons
purporting to be selectmen of town sufficient
evidence Of the vote of a town when it ap-
pears there were at the time of the meeting
at which the election was had but TWO select
men of that town?
&. Answer. Where majority of the select
men are absent from meeting for election
purposes, or being present neglect OF refuse
to act as such an1 to do all duties required of
them, the voters at such meeting must choose
SO many selectmen pro TEN. as are necessary
to complete the number competent TO do the
duties. In case of the death or removed of
all the selectmen two would he sufficient and
competent to act. The inquiry is If the re-
turn would be valid when there would be
but two SelecCmen at the time of the meeting
at which tluAeecton was held. If the other
selectmen had deceased prior TO the meeting
the survivors might act and their action would
be legal. But the canvaSsing board are to be
governed by the returns. Evidence would
not be admissible to prove that there were
but two selectmen Of the town. The Gov
ernor and council cannot officially know there
are only two.
Question $ Can a person who is not 4
citizen of the United States at the time be
legally elected or constituted Il selectman of
town?
Answer. In the affirmative provided his
official acts are valid so far as they affect the
public
Question /. Is a return by aldermen of IA
city which does ucl give the number Of votes
cast for each person voted tor as member OF
the legislature and does not Show what per-
Sons were voted for as such members in any
one of the several wards OF such city Il valid
return within the euuiirmcul> OF such sec
tiOn.'
Answer We al, not sure that we compre-
hend the full scope OF this question. Our
answer will meet all of its supposed purposes.
1t is immateral whether the aldermen re-
turned to the Governor and council detailed
vote of each ward separately OF whether they
returned the result of all the votes of all the
l., candidate tnpnt bpr Eit her
mode is a satisfactory way OF reaching the
same result. Substance only is sought for i'll
such matters, nor is it Il material matter that
instca all of returning all the names OF the per-
sons voted for SO there is a return OF the votes
as scattering: provided that however such
votes NAV be added or subtractcd, some can
didate or set of candidates appear to be chosen
by plurality of votes therein. Ihe Gov
ernor and council cannot officially know II
they have a right to ascertain that the votes
returned as scattering were not actually bal
lots with the word scattering written thereon.
Nor is the election OF candidates to be chosen
by plurality Of votes to be defeated because
the whole number of votes or ballots may be
stated enormously or not stated at all. The
contains no such requirement
and the statutory provision requiring 1t is
entirely unimportant and unapplicable to
cases where plurality of votes elects. 1t is
a well settled rule of construction that where
general terms of the statute embrace several
subjects but are found to be practically appl-
cable to some of the subjects and not to
O, hers it is to be construed as embracing those
subjects Only to which it is practically appll-
cable.
Question ). Are returns from towns or
cities which are not atIeSted by the town or
city clerk valid within the same section?
Answer. Returns from towns and cities
which are not attested by town, plantation or
city clerks are not valid. The attestation of
the clerk is prerequisite to any action OF the
Governor and council in counting votes. 6S
Maine. 5SS. If. however. the clerk should
be absent IA clerk pro tcin. may be appointed
WASHINGTON. Jan. There seems to be
-. I,.AI lint flaaI llIAllS