The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1880-01-04

~ NJ. an" .,e"inn according 20 The actual
fact. in obediepee to ibe fundamen-
b. aspss ,s q Council peHus .,s ssssSa Gg sns
o dutv TO lhe public that must be performged e
te II oral evanoe 70 Be
cetved to show the intention Of voters In eas ting
'sotes. Ia another part Of tho statute which We
constitutional III tho iatteE, resgec', that would
not affect the constitutionalitv Of the other sep
erate and independent provisions.
Thirds n return. signed oy mniority OF
Mhe raltrttnen Il OF n town, or aldermen u \ CITY,
valid within the requirements OF the same Sec
A.-To ti,is question we answer that while
n town may legally elect as many as seven
seleetmen, n we'll known practice ~ to elect
vail Wild mus, must "" be signed by majority Of them
constitute legal auofum but lie rule ID other.
of our cities are required by law to haye as
many On seven alder men, and none Of them,
we believe. has less than I've. To constitute 9
quorum II is only necessary to have q maj 'rity
of the whole present, aud when such quorum
are present q majority OF the. quorum may DO
business. suppaslng this hnmb 4r ~ ba seven
four would conetitute a legal quorum. aud three
being q majority OF that quorum couid Legally
act. although tue fourth should refuse e lin
them pr should oppose ,hsar ae,ian x,n S Eoase r
seven aldermen is signed by three OF them. II
may b. yalii aud legal return, because only
fNHfF may II I'VE nhHn ptAB3Hls hNA ti rMbh 1hStS
three d Ing O mai orIiy Of thoHe present could
legally act. although four should oppose their
actiou and refuse TO join them. When such re-.
tmrn IL laid before the Governor aud Ctuneil
they cannot know and they have no right to as
sume that the return Ia not valid. 1t l. the
duty OF the aldermen 10 be Ia sessi9n.
examina the ward returns. compnre and De
clare the votes. and the duty of 'he clerk to
make a record thereof. From that record, q
oeeasd e9py q wnlea y y ret 1etaraaea .ae law sw
present. The law With respect 70 q Quorum
and msiorties is correetiy stated 10 Danes
Abridgment 1bo and bilious Municipal Cor.
pptationa, sections 7is aid ali In the latter
work. II IL said. b Ddies composed OF dAhnite
number act by majottties ot those present,
provided those present eonetitnta mHi ority 9f
the whole number. or. tn use Mr.. Daus's Illus
tration, II the body sts ~ twelve eouncLl-
men seven y tue least number that can eeneti
ssvs@ aware, "ii the ~ law w. ~ @ STATED p
ties. The rule appicable to s,leh cases Is sml.
lar to that which appli to cur H9use Of Repre-
aentativeH, Tha whole number of Rapresanta-.
that. or Te members constitute quorum to do
business Ii there is. actually that number
present, and mnl ority of them. that, " aa
members. vote In the affirmative. q valid law
can thereby be enacted or o. her business trans
acted II less than 70 members are present.
.hen no business can b., done Except to cd
bers. This Is familiar Inv. and illustrates tho
principle applicable 10 the aldermen OF cities,
nna shows haw asd " WY hs os be1arn sfnsd s
be, and 81 far as tho Governor and Uoundl are
concerned IL conclusiveiy presumed to be valid.
Touitn0is d reiurS ~ the aldermen Of city
which does not give the number ~ votes east
for each person. v,ted Tor as member of the
were voted for az such members In any one
OF the several wards, of such tity, valid re-
turn. within the requirements Of the same sec
Ave are not anre that wa comprehend n q
full scope OF this question. Our answer will
meet all Of ita engpoeeI purposes. 7 is In.
Governor and Council detailed vote cf each
ward separately, or whether they retturned the
resa 81 ~ hS tes IL wss
or reaching the same result. Substance only ~
sought fir In such IN atters: nor is ita material
matter that instead OF returning sll the .names
of persons voted or, there is Il return II votes
IA scattering; provided nat, however, such
votes nay be added or sub racted
candidates appear TO be chosen by u plurality
et votes h.resn Tho Governor and
the right to ascertain. that the votes returned
as scattering we're actual ballots witt tho word
scattering. written thereon. nar u the election
votes TO be Debated because the wnole number
Of votes or ballots may be- stated erroneously
or not at all. The constitution contains no
auch requirement. and the statutory provlson
requiring 1t is entirely unimportant and inap-
plicable to the cases where plurality Of votes
elests y l. vel s9t,l,d ha rule u .o.,,, con.
of the statute embtlee several subjects.
and are found TO be particutarly applea
bic to some q tho subject. IN ani MT 70
subjects only to which ftia particularly appliea-
BILE.
are u ettested by The town or city clerk. valid
A-Returns from towns and cities which are
not atteeted by the town plantation or city clerk
"A pa pnt valid Whn lttRAtAlt0D Df tho clerk III III
to any action OF the ivernor and
Council In counting the ltes. ~ Maine. 5ss
II, however, the clerk should be- absent. u CLERK
pro tenn. may b. chosen. ar q deputy cerk may
be appointed under the statute pt 1877, @ II. npd
thereto. by act of 1874, G, 1863. The
rsturns of such clerk pro tenn. or deputy clerk,
ARE 10 have the same force and effect hs Ii
signed by clerk.
eixth-Have the Governor aud Council the
right TO reject returns OF election OF members
OF the Legislature. required by tho same acc
ton from officers Of towns which were not
made signed or sealed up In epsa town meet
tnRp
A--The Governor aud Council must act upon
The returns forwarded to the Secretary OF state.
y they putport TO be made. signed ana sealea
basts OF aean uf tho canvassing
board. No provision is found In he cnnsitu..
ion or In any statute Of tbis 5 ate by virtue Of
which they would be authorized to receive
evidence 10 negative the taJts thar 10 sat forth.
They have no surh power. The statement OF
he municipal officers is In that respect con-
,lusive.
Seventh Is a return Of two persons. pur.
porting TO be selsomen OF town. vaid and
sufff 3ient evidence of the vote of u towa. when
L appears there were at the time OF the meet
na at which the elec ion was had but two So
lectmen of that towo2
A.-When majority OF the seiectmen
are absent from the meeting for election pur-
poses or being present neglect or refuse to act
IL such and to do all the duties re-
luired OF them, the voters at such mseting
nay choose so MANY seIectmen pro tenn, as are
necessary to complete III numnsr competent
. do the duties tR. s.. 9. 4. se.. aolt In case of
he death or removal OF all the eelectmen. two
would be SUN cient and competent to act. The
INQUIRY l. II the return would be valid when
here should be but two selectmen at the time Of
meeting at which ah. election was held.
II the other selectmen have deceased prior
o the meeting the survivors might act and
heir action would be Legal but the canvassing |
,oard are to be governed BY tha returns. Evi-
ience would not be admissible to prove the |
act that there were but two selectmen OF a
own. The Governor and Council cannot ofi- |
,laily know that there are only two.
Eighth-Oau person who IL not citizen OF |
he United States at the time be legally elected |
,r constituted d selactman vi towu2
A.-A person not a citizsn may be elected or |
Constituted seseanaa, so that his official acts !