Evening star. [volume] (Washington, D.C.) 1854-1972, 1880-01-05
The Situation i'm Maine.
DECISION OF THE STATE SUPREME COURT ON TH
QUESTIONS SUBMITTED.

QUESTIONS SUBMITTED.
The supreme court Of Maine has rendered
ted to them by Gov. Garcelon. They hold as
follows:-When the governor and council decide
there is no return for representatives they have
no authority to order new election, but ii rests
with the municipal officers in case of vacancy
to order new election. The governor and coun-
Gil cannot allow substitution Of other evidence
as are provided for in the constitution to
enable them to determine what persons zap
pear to be eleeted,' representatives to the
rened gsnSe sg npa paray Gr acoe S5 an the rst H9es
should, in the opinion Of the court, be cor
rected by the record; the court regarding
the authority given by the law of 1877 to do this
as not only permiSSfve but mandatory. re-
turn signed by less than a majority of the Sc
lectmen of town or the aldermen of a city is
valid, provided it has the signatures of ma
election CT seven, but the practice often being
not to elect more than three,) and majority OF
quorum of the aldermen. return by alder
men of city which does not give the number
OF votes cast for each person voted for as
member OF the legislature, and does not show
what persons were voted for as such members
in any one Of the several wards of such city is a
valid return within the requirements of the
laws. 1t is immaterial whether the aldermen
returned to the governor and council the de-
tailed vote OF each ward separately OF whether
they returned the result of all votes of all the
wards for each candidate. Either mode is a sat-
fsfactory way Of reaching the same result. Sub
it a material matter that, instead of returning
all the names of the persons voted for
there is return of votes as scattering, provided
that, however, such votes may be added or sub
stracted when some candidate or set Of candl-
dates appear to be chosen by plurality of the
votes thrown. The governor and council can
not officially know, nor have they the right to
ascertain, that the votes returned as scattering
were not actual ballots with the word scatter
ing" written thereon, nor is the election of the
candidates to be chosen by plurality of votes
to be defeated because the whole number of
votes or ballots may be stated erroneously or
not stated at all. Returns from towns and
cities which are not attested by town, planta-
uon OF city clerk are not valid. The governor
and council are not authorized to receive evil
dence showing that the returns We're not made,
signed and sealed up in open town meeting
The absence of all the selectmen of town
from an election but two shoGld not invalidate
the return. In case OF death or removal OF all
the selectmen two would be sufficient and COM
petent to act. The governor and council cannot
officially know that there are only two. per-
son not citizen may be elected or constituted
selectman. so that his official acts bind the
town and are valid SO far as affects the public
To the question whether ':marked" ballots
should be rejected after they have been counted
and incorporated in the returns, the court re-
plies that the statute prohibits rejection OF the
ballot latter 1t Is received into the ballOt-boX."
1t is then to be counted. The governor and
council have nothing to do with the question;
fact improperly set forth in the returns. Where
it appears by the letters or figures in the first
line OF the return and by ditto marks or by dots
in the following lines that the same class OF
candidates received the same vote, there can be
no ground for rejection OF the return. The gov-
ernOr and council have no right to reject the re-
turns for alleged fraud without giving the par
ties interested therein fair opportunity to be
heard. The genuineneSs Of return is to be
presumed and this presumption remains until
overcome by evidence produced The governor
and council have no power to reject returns un-
less an objection in writing is presented to them
setting forth that the signatures of such officers
Or some of them are not genuine, or that the re-
turn had been altered after it was signed
Where there are two sets Of returns apparently
genuine the return first received at the Office OF
the Secretary of State must be the basis Of the
action Of the governor and council. II defective
Or not true copy of the record it can be cor
rected or the defects supplied only in accord
ance with .sse provisions OF the statute relating
thereto. This government rests upon the great
constitutional axiom that all power is inherent
in the people,
THE REPUBLICANS EXCITED AND JUBILANT.
An Augusta dispatch sayS:-The decision of
the supreme court has been discussed by
crowds upon the streets, at hotels, and else
where. The republicans are greatly excited
and jubilant and regard it as a consummate
expressed in the best informed circles that the
opposition cannot stand up and defy the court.
Many democrats think the governor made
mistake in referring any question to the court
and some claim that the decision will have no
effect, the certificates having been already is
sued. The republicans say the governor should
recall these. 1t is believed that quite a number
of the counted-in will refuse to accept the Ger
tficateS.