The Portland daily press., 1880-09-11
"GOOD EASY READING.v

This government rests upon the great co7astitu-
tiondl dIiom "that all pOaoer is Inherent in the
people," ut is a government of the people, By
the people andfor the people," and If adnainis-
tered in the spirit Of its founders, sit shall not
perish from the EARTH" It's constitution aoas
formed, to use the apt oppression of one aohose
memory is enbalnaed IN the hearts Of has coun-
rynaen. "by plain people," and '.plaia people"
must administer 1T. The ballot is the pride, as
nell as the protection Of all. 1T as the truest in
dication Of the popular aciN The official returns
required from the municipal officers of the seq
eraE plantations, toaons and cities. are and aoU
be made by "plain people," and made, too, IN
the harry and bustle and excitement of an elec-
ton. They are not required to be aoritten auith
the scrupulous nicely Of acritiag master, or
aoath the technical accuracy Of a plea in dbate-
naent. The sentences mag be ungranmaticol,
the spelling may deuiate from the recognized
standard; but returns are not to be set at naught
because the penma,as1sip may be poor, the lam
guage ungranan,atical, or the spelling erroneous.
1t as enough If the returns can be understood,
and If understood, full effect should be given to
their natural and obuious meaning. They are
not to be strangled By idle tectnicalities, nor is
their meaning to be distorted By ca,pia,g and
captioaS criticism. When that naeanangis ascer-
tanned there should be no hesitation in giuing to
attfuN effect. The language of Mr.. Justice Nor
ton IN Strong, petitioner, 20 Pick. 1884, is pecul-
idrly appropriate to the subjects under discus
sion. "Whdt," he asks, "shdN be the conse-
qlence Of an omission by the selectnaen or toon
clerk topeJorm any of these (their) prescribed
duties and apon acfona shall it talla For acA-
fill neglect Of duty the officers aoould undoubt-
edly be liable to punishment. But shall the
achole toac,a be disfranchised By reason of the
fraud or negligence Of their oticers9 Thas
aoould be Furnishing the innocent for the fraud
Of the guilty; it aoould be more Just and more
consonant to the genius and spirit of our insti-
tutiOns, to intict seUere penalties upo7, the mis-
conduct Intentional or accidental, of the eff
GERS, but to receiUe the Uotes aoheneuer they can
be dScertained acith reasonable certainty. LfNo
return or any Imperfect one can be receiyed,
let 1t be supplied or corrected by the original
record, If any there be-" The returns should
be receiUed acith tauor and construed aDith hber-
atty, for, he adds, 'Jrona the men that usually
are, and Of necessity, must be employed to
make them, great Formally and nicety cannot
DC CJpecteU, uHU SItOutu UOt Oe TequueU. Inc
general principle which governs is, that achle
there shoatld'be strict compliance aoith the pro-
visions Of statute, get achen they are merely
directory, such strict compliance is not essen
tial to the validity of proceedings under such
statute, u1less they are declared to be therein
This is specially applicable aohen the rights of.
the public or Of third persons are concerned
The dominant rule is to giUe such construction
to tte'o6icia acts Of municipal officers as will
best conaport with the meaning and intention
Of the parties, as deriUed from a fair and
honest Interpretation Of the language ased, and
to sustain rather than to defeat the aoiU of the
people, and thus distranchise the citizens.
JOHN APPLETON
CHARLES w. WALTON,
WM G. BARRowS
CHARLES DANFORTH,
JOHN A. PETERS.
ARTEMAS LIBBEY,
JOSEPH w. SYMoNDs.