Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-12-02

law that in 1881. statute was enacted
providing for the appointment of a board
of county commissioners, and declaring
that the clerks Of the judicial courts,
within the several counties, shall be the
clerks of the county commissioners"
U-aws Of 1891, Oh. 500 This language
was preserved in the Revision of 1912
och. 81, sec. 81; but in 1857 for the appar-
ent purpose of emphasizing the fact that
there We're two distinct positions to be
held and filled by one person. the phras-
of that year the statute declares that
the clerk of the judicial courts in each
county is clerk of the commissioners" !;
and this has continued to be the Ian
Guagc of the statute to the present time.
1t is worthy of observation in the first
place that at many if not all of the
elections for county officers during these
years, as shown by the archives Of he
state, the designation of this office on
the ballots was simply clerk of courts"
and not clerk of the judicial courts
and that this variation from the precise
terms of the statute has never been
deemed such a misdescription as would
invalidatc the ballot.
1t is undoubtedly true that during all
of these years the ballots cast for
county officers contained no express de-
signation of the office of clerk of the
county commissioners but only that of
clerk of courts, and by operation OF
law the same ballots elected clerk of
the county commissioners. But Chap
ter l55 of The Public Laws OF 1903 de-
clares that the clerk of the county com
missioners shall be known as the county
clerk" If prior to the passage of this
act the ballots used in those counties IN
which clerks of the judicial courts were
TO be elected, had contained the names OF
candidates for an office designated as
.Clerll oc the county commissioners
there would have been stronger reason
for questioning the sufficiency of a de
scription which, by the express mention
of the minor office, might possibly have
suggested the exclusion of the more iii
portant one of clerk of judicial courts.
But the new name of county clerk Great
ed by the act of 1909, has broader sis-
niicance in the popular MIND. Inc cree
tors in certain counties of the state are
presumed to have known that at the last
general election certain persons were u
be elected who had been nominated 10
the office of clerk of the Judlciai
courts" They are presumed to know
that the clerk of the judicial courts IS
the county clerk and that no other
person can be County clerk" They are
presumed to have known that under the
~, I'll
elected in those counties except as clerk
of the judicial courts who is also clerk
of the county commissioners and to pc
known as County clerk. TheY founu
7nOn the ballots the designation OF
county clerk over the names OF the
candidates nominated for clerk Oh
courts" All the official ballots used by
all the political parties contain the same
designation.
Under these circumstances 1t IS the
orin;on of the undersigned Justices
that the voters We're not misled by the
use of the term county clerk instead
OF the more appropriate one OF clerk
OF judicial cuurts' on the official pal
LOT and that their purpose in casting
these ballots can be "sccrtained VIII"
reasona bic certainty
MANY analogous questions nave
arisen in other jurisdictions and the
following authorities in which the dc
cisions of the courts have been III
substantial conformity with the views
above expressed, may be cited in sup
mort of ou,, conclusion. People V. Mat
tesor. II III. 167; McKinnon V. The
People. 10 Ill. "o5: Merrill V. Reed,
75 Conn II: Wilds V. Board of Can
vassers. so Kans. IA; .Ingis V. Shep-
herd. 81 cal. 469: Clark V. Com. or
Montgomery Co. SO Kans. POP. 6 Pacific.
oil: in re Prothonotary of Clinton co.
Clark. Pa) $50; state v Howe. y
Ncb. 21S.
1t is accordingly the opinion of the
undersigned Justices that the ilrst
question proposed must be answered
in the affirmative: and in answer to
the last question it is our opinion that
tho person in each county who re-
ccived the highest number of votes
for county clerk should be notified