Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-01-05

lots may be stated enormously, not stated at all
The Constitution contains no such requirement., anu
the statutory provision requiring 1t IS entlrey u-
important and unapplicabe TO cases where plural
ity of votes elect 1t is we-settled rule OF con-
struction that where the general terms OF statute
embrace several subjects but are found to De prac
ticaly applicable to some Ct the subjects ana not
to Others it is to be construed embracing those
subjects only to which it is practically applicable
Question 5.--Are returns from towns or cities
which are not attested by the Town or City Clerk
valid within the same sectionf ADSwer.-Returns
from towns and cities which are not attested by the
Town. Plantation or City Clerk are not valid. Inc
attestation of the Clerk is prerequisite to any ac
ton Of the Governor and Council in counting votes
(6S Maine $50 II, however, the Clerk should be
absent. Clerk pro tempore may be chosen, or Dep.
uty Clerk may be appointed under the statute. Inc
returns of such Clerk pro teInpore or Deputy CLERK
are have the same force and effect as II signed by
the Clerk.
Question 6.-Haye the Governor and Council the
right to reject the returns of election OF members
of the Legislature required by the same section IRON
officers of towns which were not made, signed OF
sealed up in open town meetingE Answer-The
Governor and Council must act upon the returns
forwarded to the Secretary OF State. II they pur
port to be made signed or sealed up in open planta
ton town meeting, they constitute basis OF &C
ton of the Canvassing Board. No provision is
found in the Constitution in any statute OF this
State by virtue of which they would be authorized
to receive evidence to negative facts therein set
forth. They, therefore, have no such power The
statement of municipal officers is, in that respect
conclusive.
Question lis return of two persons, purport
ing to be Selectmen of town. valid and sufficient
evidence of the vote of such town. when it appears
there we're, at the time OF meeting at which the
election was had, but two Selectmen of that town.
Answer.-When majority Of the Selectmen are alb
sent from meeting for election purposes, or being
present neglect refuse to act as SUCH and to dc
all the duties required of them the voters at such
meeting may choose so many Selectmen pro tenn
pore as are necessary to complete the number com
petent to do the duties. In of death removal
of all the Selectmen two would be sufficient and
competent to act. The inquiry is, if return would
be valid when there should be but two Seectmen al
the time Of the meeting at which the election was
held II other Selectmen had deceased prior to the
meeting the survivors might act, and their action
would be legal. But the Canvassng Board is to be
governed by the returns. Evidence would not be
admissible prove the fact that there but two
Selectmen of the town. The Governor and Council
cannot officially know there are only two.
Question S.-Cau person who is not citisen Of
the United States at the time be legally elected OF
constituted Selectman Of town! Answers in
the affirmative provided his official acts bind the
town and are valid SO far as affects the public
THE GOVERNOR INTERVIEWED.
WATERvILLE, January 4th. = Governor
Garcelon spent the day here, and was called
upon this evening by a reporter and asked il
which he replied that he had not that he
had not been in Augusta since o'clock Sat
urday afternoon. The reporter then informed
him of the general points as expressed in the
opinion of the Court, and asked if he (the
Governor) should recall those certificates he
had issued, and which now, under the opinion
of the Court appear to have been illegally
issued. To which the Governor answered,
" have no authority for knowing the opin.
ion of the Court and cannot tell what | shall
do" In answer to question whether Cap
tain Lewis, voter of Pennington, had re-
turned his certificate of election, declining to
serve under the same, the Governor said he
had not received it, and did not know any
thing about it. The reporter then asked,
I" Do you apprehend any violence at the in
auguration of the new Legislature?" The
Governor replied II have no means of
knowing. l do not think the people are fool
ish enough to resort to violence"
THE FEELING IN WASHINGTON.
WASHINGTON, January 4th.-There seems
to be no doubt entertained here that the
unanimous opinion of the Maine Supreme
Court, adverse to the opinion of Governor
Garcelon on all the points presented, will
have the effect of speedily ending the contro-
versy in that State without any further seri-
GUS LII 10 uuUcrsGOOu utTc LudI al
least one member of the Supreme Court,
namely, Judge Libbey, is Democrat, and
the perfect unanimity of the Court there
fore gives additional weight to the
confessedly strong reasoning by which its
opinion is supported. 1t is generally believed
that even if Governor Garcelon takes the
ground that Notwithstanding this dictum of
the Court he cannot recall any of the certifi-
Gates already issued, its moral effect will
nevertheless be amply powerful to induce a
certain number of Fusfonist holders of these
to refuse to take seats in the Leg
islature, and that the Republicans will forth
with obtain control of the organization of
both houses, admit their party friends who
were refused certificates and proceed to elect
Davis Governor.
THE QUORUM QUESTION.
PORTLAND, January 4th.-An Augusta dis
patch says: The quorum question has been
settled by precedents. The Senate in 1917
with II, in 1851 with Is, and in
1854 with Is. In the latter year Chief JUS
tice Shipley and Appleton, his associate, sus-
tanned that point. They also held that each
could compel the attendance of persons who
had received the Governors certificate, before
r.