Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1910-12-07
CLERK or COUNTS.


Clerk Declared Legal.
The person in each county who rscsivsd
the highest number Of votes for 'scoonty
clerk 1t the State election in September
should be notified that be has been elected
clerk OF the judicial courts. This 10 the
substance Of ths opinion handed down by
the entire bench OF The Maine supreme
court in answer TO = series Of questions
propounded by Gov. Fernald % . result OF
the State election .: which the title
.sccunty clerkr was used on the ofacisl
ballots instead OF sclerk Of courts" in the
| ten counties in which the terms OF such
officers expire in January.
The opinion, which IL signed by all the
Justices, Is in part - follows.
In obedience 70 the conssitution Of the
State. the undersigned justices Of the sup
RENE judicial court have the honor 70 submit
the following answers TO the questions pro-
posed:
The statutes respecting the rexuistiou and
conduct Of elections in this state provide that
-Ali ballots cast In elections for national.
| state, district and county ofscers :
| shall be printed and distributed 81 public
expense. and that every general ballot or
| ballot intended for the use Of voters :
1 shall coasAtn the names and residences
Of all candidates whose nominations for any
once specified in the ballot have been duly
made. and the once for which they
have been seseraIiy nominated.
The provision Of the statute that the ballot
prepared and distributed By the secretary OF
State shall contain = specification Of the
once for which the candidates have been
-
constructed with reference 70 the obvious
parposc for which IL 10 prepared aud for
which Il Il 70 be used. IL IL designed to
afford the eiectOr . convenient and reliable
method Of exercising tho privilege Of indicat-
ing his choice Of the candidates for the once
designed on the ballot. II Is designed. when
cast, TO be expression OF the viii
Of the voter, and HE purpose should not be
defeated By immateriai error in the de-
scription Of the ONCE.
The terms employed in the designation Of
1t should Be Interpreted with reference to the
general provisions Of the statue. Of which the
voter mnss be presumed 70 have knowledge.
| relating 70 that once. But IL il mot indis-
pensable that in All cases.it should be dcs-
cribed upon the ballot with technical
| accuracy or in the precise language Of the
statute. II the terms used upon the ballot.
! read in the light Of the general statutes upon
| the subject, are apt and sufncient u identity
| the ONCE and express the will Of the voter
| with reasonable certainty. he 10 not 70 Dc dis
franchiscd for want Of legal formaiity 10 the
desig zion Of the ONCE the ofaciai ballot.
Il appears from m examination Of the law
| that 10 isSl statute WAS enacted providing
| for the appointment Of . board OF county
commissioners, and declaring that .clerks Of
| the judicial courts within the several coun-
| ties shall be the clerks OF the county COM
| missioner" This language was preserved
In the revision OF is<7. but 10 1857, for the ap-
parent purpose Of emphasizing the fact that
| there were two distinct positions 70 be held
| and filled by one person, the phraseology was
| changed. and In the revision Of that year the
statute declares that "the clerk Of the tndi-
| ciAl courts In each county IL clerk Of the
| commissioneTs", and this has continued to
| be the language Of the statute 10 the present
time.
II Ia worthy OF observation In the 6rst place
that 81 many II not all Of the elections for
county ofhcers during these years. - shown
| by the archives Of the state, the designation
OF this once on the ballots was simply clerk
| OF courts and mot clerk Of the Judicial
courts. and that this variation from the pre-
cfsc terms OF the statute has never been
| deemed such . misdescyiption ~ would In
| validate the ballot.
Il In undoubtedly true that during all these
years the ballots cast Tor county oiacers con-
tanned no exprcss designation Of the once Of
clerk Of county commissioners. bat only that
| OF clerk Of courts. and by operation Of Law the
aAme ballots elected clerk OF the county
| commissioners. but chapter iss OF the public
laws Of 1909 declares that '.the clerk Of the
county commissioners shall be known ~ the
| county clerk
II. prior to the passage Of this set, the ballots
used in those counties in which clerks Of the
| judicial courts were 10 be elected had con-
tanned the names Of candidates for an once
designated ~ clerk Of the county commits
| sioners", there would have been stronger
reason for questioning the aufhciency Of . de-
| scripsion which, by the express mention Of
the minor once. might possibly have sug-
1 gested the exclusion Of the more important
one Of clerk Of judicial courts. But the new
name Of county clerk created by the act Of
| 1909 has broader Significance in the popular
mind.
The electors in certain counties Of the
State are presumed to have known that IT
the last general election certain persons were
TO be elected who had been nominated 70 the
once Of -cierk Of the judicial courts" They
are presumed to know that the clerk Of the
judicial courts 10 the county clerk" and
that other person can be "county clerk
They are presumed to have known that under
the Law there wAs NO other .clerk" 10 be
elected in those counties except ~ clerk Of
the Judicial courts. who Is also .'cierk Of the
county commissioners" and TO be known ~
.county clerk" They found upon the ballots
the designation Of county clerk" over the
names OF the candidates nominated for
clerk Of courts" All the officials ballots
used by ali the political parties contain the
same designation.
Under these circumstances II 10 the opinion
Of the undersigned justices that the voters
were not misied BY the use Of the term county
clerk instead OF the more appropriate one Of
scierk Of judicial courts" on the ofacisl ballot,
and that their purpose In casting these bal
lots can be ascertained with reasonable GER