Chicago Daily Tribune Newspaper, January 4, 1880, Page 1

you! UME XXXIX. poe TOLU ROCK AND YE. wana SURE CURE FOR Conghs, Colds, Consumption, nd all Diseases of aa eby Druggists and Law pote Ag Throat and Lungs. For Dealers everywhere. rence & Martin, {11 MADISON-ST., ents U.S. and Canada, Importers Wires, Liquors, and Segars. For sale by Druceists, and Dealers everywhere. BUSINESS COLLEGE. Should Qualify Himself for Business. METROPOLITAN BUSLNESS COLLEGE (formation concerning the great advantages of y celebrated Institution over any similar ‘West for preparing young men for busi~ Gall at the soa inthe Soa cannot afford to attend a second-class school atany price. In matters of edi ways the: lucation, the best is al- HOWE & POWERS, 10, 151, and 153 State-st., Chicago, Ill. REAL ESTATE. Tor Sale al a Dargann, LE MICHIGAN-AY. Between Twenty-seventh and Twenty-eighth-sts., east front ---must be sold. Wi. Apply to D. KERFOOT & CO., 90 Washington-st. VALUABLE PROPERTY IN THE CIty OF | OF MANKATO, MINN. ie Mankato Steam and Bolter, withall ‘tho-machinery Yor the team Planing 3 fe mamafact: rs, Sash Hinds. qiatap ok toy Be fet: Bi building, 80 by 120 feet. All condition, ruse. fehste is a houncbing city of 6,000 inhabitants, mppuaded by 4 Ane farming country., ceannged for good ty property. A perty will be sold very low for cash, or exe aera MOLrIREN, Chicago, Jan. 3, 1550. ‘A RareChance| sruor sale, of exthange for Chicago Ci rs toterest tn the famous SACRE Grand propery. a2 ah. Epacres, 0,00 a ‘Sebeat oF nod ‘bas cleared over in Iowa, suited for a E,W. BRIDGE, 15 Tribune Building. conmplesaly equipped stock fare, Dong REMOVAL. REMOVED. i, Bast His Gh, BOOTS AND SHOES, 2i2 HAVE REMOVED TO & 214 Monroe-st. FIRM CHANGES. DISSOLUTION. ‘The fim of ECOTT, CUTTER & CROSSETTE ts this day dissolved by ‘The accounts of Sustment tn the hands of mutual consent of all parties. said firm have been placed for ad- ¥. W. PICKARD, P.-O. Box %5, Chicago, HL Fleage remit as above, and oblige Chteago, JOEL E, G. SCOTT, HENRY W. K. CUTTER, CHARLES H. CROSSETTE. Jan. 2, 1850. COPARTNERSHIP. CUTTER & GROSSETTE, Hadison and Franklin-sts., We hare the frm this dsy formed a Copartnership under frmname of CUTTER & CROSSETTE for the manufacture and sale of Cents’ Netk Wear & Furnishing Goods. WENRY W. KE. CUTTER, Chieazo, Jan. 2, 1590, CHARLES x CROSSETTE. COPARTNERSHIP. saiened have this day formed a copartner- The un sipuncer tie firm name of Murry Nelson & Co,, for Barangtion of ra Seneral commission business in CxcaGo, Jan. 1, 1590, the un: Dry Goods RE naan oe. undersigned ha sip under the tinm nate Gf iia Pyro to the house of S. D. ANDREW J. MARBLE, RDON G. MOORE. COPARTNERSHIP. formed a copartne kell, Brown & Co. He SES. D Haskell & Con in SD, HASKELL. HL. EL BROWN, 3. DAVISON. DISSOLUTION. The co) Bis day deenersnp of Rydberg, Gronholm & Co. is & dare solved by mutual consent, Mr. H. Ri eputon ‘& Co. Bi ject al cuatindins. mares ydber olm withdrawing. The business will 1 Wm. Ball, under the Hyabers, PO 8 jes and Bro. assume all Uaditt Jan. 3, 185 MmBET EXINGS, “STOGHHOLDERS’ NEETING. 8 annua! ie Meeting of the Stockholders of “The ide & ; heather Bank of Chicago” for the election of welaatihe vee oP ort Ny, 34, Chicazo, fe waite for the transaction of such other before the meeting, will be lank on the sth day of Janu- Between the Boar C200. 3 Dee 24, 1gy, BYHON Le SMLITH, Cashier. a, SIOCKHOLDERY’ MEETING. snznal meeting of the Stockholders of the ts" Savings & Trust Company of Chi- on of eleven Trustees Tor tocne “MOR aT mie aotkholders of the Chicaso Dry-Duck Cony y hotitied that a mecting will be held On eee fe yiith inst. att p.m. at the oftce of Set av. to consider the he pro} riety of in- ion, and for business as ay Prope = ne W. BATES, Secretary. ame Stockholders’ meeting of the Chicago Son * ally at Works will be held at the office of the No. 95 Ohio-st., on Monday, Jen. 3 o'clock p, m. E, S. SHEPHARD, Becrotatys STATIONERY, &c. SUNDAY, JANUARY 4, _1880-SIXTEEN PAGES. BOARD OF TRADE ELECTION, Menor R, AGE, 3? at £002! 118 and {20 Monroe-st. Engravers, Wedding, Visiting, and Invitation Cards done in the Best and Latest Styles. Monogram and Initial Stamping. Fine Stationery. Correspondence Cards, BLANK BOOKS, PRINTING, AND STATIONERY. J. W, MIDDLETON, 55 State-st Large Stock, Good Work, Low Prices. BLANK BOOKS, STATIONERY. AND PRINTING, Alot Superior Quality and at Low Pricos. The J. M. W. JONES Stationery and Printing Co., Monroe and Dearborn-sts. OFFICE DESKS. (Polygoa Dak, chad) BUSINESS CHANGES IN 1880 (Poltgon Desk, open.) © Should surely oall and see the largest and best stock f OF | ESKS in thix country One Hunded Styles made in ‘Our Factorien, and In-dried jumber. Also, Office Stools "A. HL ANDREWS & COMPANY, 195 & 197 Wabash-ay., Chicago. FOR SALE. ‘Forget Wie Not’ By the Barrel, at C. J Ahi, $8 State-st., Chicago, Til. ‘We will bind oureclves to Dr. Parker, the Patentec, hns had twenty yours’ ex- Beare in adjusting Trusses, and is curing many of ‘worst cazes of Rupture. facturers and Patentees of the Celebrated 6 BS bolng superior to any ‘Trui lannfacturers of Elastic Stockings, Instru- ments for Deformities, etc. St EP ENANGIAL. MONEY 70 LOAN On City Improved Property at.7 Per Cent. J. H. EOFF, 14 Reaper Block. $500,000 ‘To Loan on Real Estate Security ut lowest rates of interest. » ADOLPH LOEB & BRO., 129 and 131 LaSalle-st- INTEREST ON West Chicago Park Bonds. © "Notico is given that iatorest ggupons on West Chi- jonds due, Jan. 1,190, will be paid ‘ae the Loan & ‘trust Company's Bank, cational Bank of Commerce, Now date. JAMES H. WARD, ipervisor, Town of West Chicago. Nioney to Loan In_sums to suit on improved city property at lowest ‘current rates. Pree ES ET GAMBLE, #Desrborn-st., Rooms. MONEY TO LOAN Insumsas destred on don improved clty real estate st lowest rates. NES Roum 3 Ashland Block. OCEAN S' ATMISHEP! STATE LINE To Glasgow: Liverpool, Dublin, Bolfust, and London; Savi Chicago, or at ene ‘York, on and after’ derry, from N.¥., every Thursday. First Cabin, $00 tosis, acoording to necommousiion. Becond Cabin, TBro AMI IS Handelphent, Obleago. olphi-st., TOUS’ STHGHNT Western Manager: CUNARD MAIL LINE.. Sailing three times a week to and from British Ports aren Prices. ly at Company's Office, northwest corner Clark dolph-atsC ) VERNET, General Western Agent. FOLDING BED. Hoom-Fent anv ae lars Parlor. & CabinesFoldng-Bod The most Com act E El prt, ant Sub- standal made, Best'Steel Spring Mat- trass for ‘Solid Comfort.” Send (or dllustrated Catalogue. Mf"d, sold by Andrems & Coy i, Andens 195 & 197 WABASH-AY., Mfrs of Artistic Hotsehold Farnittre, Wood Mantels, ote.” ADVERTISING. ~ $100,000: Space secured for Clty and Country Advertising, For Bottom rates call'on oraudrets Coa COOK BO. ae ‘Denrbore Ste, ‘Catoosa. DENTISTEY. DR. DAY, 133 E. Madison-st. EUBBEE or_CELLU- ULOID, FILLING, 3 rates. Gas, chloroform, ‘or ether ‘free for painless ‘Omice Gpen froma 12.10 9 p. m.3 also Sundays (afternoon). LEGAL. RECEIVER'S SALE. Pursuant to an order of the Superior Court of Cook Gounty, made on the isth day of Deoamber, A. D. in'the ease of George Suter vs. Mortimer A. Fiiwlo and Siesofes &° ‘east In Chancery, is chal. clock att St the north door ne rest Salle strect of the cee Heenonbaer t ‘House, ‘Gis of Galease, web iee he ae ea ell for the sum o! Unless arbigner bid is then necstrene seeapiie auction, title, interest and equity of tedem thi 10, Fiz.: sald -Frisble:and Rappleye and the Masanchusetts ai Life osuranes. Com ymith reference to +| their services as azents of said Compan certain bonds, of ai ;aW0 enc, of the Eeess elinols road Cat 3 ajudement in favor of Frisbie and Rappleye against Chicago Hallway Construction Company for about Ho ea with a judgment ‘aRain inst the same In. favor of Frisbie a8) a Tapplere for about informat simmed avis oftee No. son strect, leago, January 4th, NELIN DENISON, | Hecelver of the estate ‘risbieand Rappley: SAMS TS Lich Soliton tor Reccne eee BIRDS, &. BRIS GERMAN CANABIES, Apa ae ue | AER ia Citi, : Peery ‘Ho must hers experience in the busin REGULAR Dura Tale Tide For President. W3. DICKINSON. for Second Vice-Prestdeni;- & OHAS. COUNSELMAN. y i . fe For Directors, . HUCK, of 1. ©. Fuck & Co. JES" an of J.T. Hester & Co. and Trunk ‘Railway. AROLNEES of 8, H. Larminie & Co. | For Arbitration Committee, W. 8. SEAVERNS, of LN. Ash & Co. BER ERR of Mecoraic Ge ie utes &Co. JOHN SNOWELL, of J. Snowell & Bro HL ALDBICH, of W. M. Eagen & Co. To fill vacancy, M. EL FOSS, of Foss, Strong & Co. For Appeals Committee, 1A DOW, oe ‘H. HURLBURD, ef Gaver £ &- GEO. 7. SMITH, of Geo. 3, 2 NORTON, $f David Dow B. BALDWIN, of Baldwin E Stone. ‘To fll vacanoy, GEO.W.coucH, REGULAR BOARD OF TRADE TICKET | For President. JOHN H. Quint, of Dwight & Gillet For Sccond Viee-rresident, INHAM, of Wm: —- & Co. IRA AS, YOUNGTOVIES B.A Acum THOS. HOOD, [aS ea essel Agent. of F.C. Nutt&Co. | Pr Ror Spa Hans 8: JOHN SNOWE! i. ew ea BEEBE: ong J. f Snowell te: ‘Bro. “of ‘McCormick = Beebe. C.J. MAGILL, + A. SCHWARTZ, vi taford & Co, G0, W. COU REAL ESTATE AND LOANS. REAL ESTATE Loan Brokers, 90 ‘Washington-st. Property for sale sale and rent in all parts of the city. Special attention given to the managementand care of prop- erty. Rents collected and remitted promptly. Taxes paid. “IRA HOLMES, EDGAR HOLMES. A HOLMES & BRO., Real Estato, Bire Insurance, and Loans, 86 Washington-st., Chicago. Reference, Commercial Nat. Bank, Chicago. TAXES. THE TAXES POR THE YEAR 1879 For City, County, State, etc.; on the PERSONAL PROPERTY in North Chicago, and aiso on thefifth install- ment of the Lincoln Park Assess- ment, are now due and payable at theofficeof FRANK NIESEN, Town Collector, Room 5 County Building, Corner Ilinois-st. and Dearborn-av. TAXES Personal Baan mane: ‘Taxes for the year 189 are now due and payable at 119 Dearborn-st. JAMES H. REES, Collector of the Town of South Gaicago. Hibernian Banking Assoeaton A dividend, at the rate of 4 per cent per annum, has been declared to deposi- tors, in the Savings Department, payable on and after Friday, Jan. 2, 1880. : J, V. CLARKE, Prest. HAMILTON B. DOX, Cashier. WANTED. - | WANTED. A business: man of varied Syaried aiqpetionoe would like a position, ry jut Hs bel or Business Manager in gore nsible house. Is perer er scauainted Wit with | Boots and Shoes. - ME EY ONS, Letter Carrier, ‘iiss GENERAL SUPPLY sTORE. SE On To-Mérrow (Monday), Moming a miscoliancous very 60) asnortment (vory assorted) or mlx- ture (very mix JEWELRY! DIVIDED INTO 3. Grab. Lots! GRAB Ss CHOICE 0. ee Any pete 0G Grab 1 at2cants, worth 10 cts. to 2 to 25 cts. GR. AB Consistsof » very i a very large| CHOICE 5 sesoriaat of very uae No. orth $3 to s aac vill ipouitvela be} * Scents each." Cts. Your Choice in Grab 2 for$ cents, worth to 35ic cents. reer F ore ia O- | roti? LAMAN vapine| CtS. ier Article In Grab 3 s0ld at 10 cents, Worth 25cts, to $1. Also Solid Gold and Rolled Plate JEW =z Ea RY At less than Jgalt, Joweler’s Prices. Our great rush for holiday goods prevented selling ODS. For this reason wo have igo many a inhand. They Thust and will be sold, henct these HOSIERY. RELISNS RMA How a, 8 Cts meriaae LEE es Big Jobin Men's Blue Wool Mixed Halt 10 Gta: ‘Hose, good weight and quality, All other Hosiery at halt value. reduced to 2%. Aro you listening? We sald and Drawers,all sizes,ex- Gloves and Mitts. 3c. Hoods now * 1c. 8c. Hoods OM &¢, 79. Hoods TABLE, LINENS, corrost PEEANNELS, & BLAN- Stitt on hand sy Vols. old nnd rare Rooks. You can ae ew edck of our famous 7. aud We, Boo! In Basement at Half Value. JANUARY IS THE MONTH for BARGAINS, ee PTANOS, Have recelved the Highest Honor ever obtained Underwear. le our 4c. Underwear, A tra Merino,now selling at Chitdren': 's Warm patton. bes fier Gloves tars évery-. We. Our $158 hand-xnlt Disterrhow 98. ES, Ise. qualtty Shaker Flannel from oo. Sake our cies for We. Beautiful Episcopalian ot 0 AL; Ee TSP ES ii SHE $1 18 WORTH $2 IN OUR TOY ROOM. ape Piano Manufseturer. Highest Prize and God Our 48c. Merino Underwear, sold elsewhere nt Te, all Ladies’ and Gents’ Vests And all other grades at half price. HOODS. ~~ ULSTERS. Good Crash, Bo. yard, | Our All-Linen Crash, Books. ‘er-Boo! fine morocco bindings, at 1: Andon = TONWwA ARE ‘Toysat Halt Former Prices. , 122 AND 124 STATH-ST. ledal atthe World's Fnir, VIENNA. Highest award at'the Coatennial Exhibition, PHILADELPHIA. Agency for Chicago anc the Northwest, “HL BRANCH, 213 STATE-ST. ToGr ocery Salesmen ‘anted-—-A first-class sujecman to travel and sell Address T 40. Zribune Office, with reference. Wanted---Firsi-Class Salesman In Teas, Syrups, Cigars, and Tobac- co, for Wisconsin and Northern Iii- nols. A man with trade and acquain- tance. X 78 Tribune Office. ‘WANTED. rh bookkeeper, with a family to saniga position. Bteudy sieaation mare of an moot ae nes ee foe ai coreck ferences satlefactory. “Address KEKEEPER, W 7, Tribune office. WANTED. man with $1000 cash to take one-fourth gpterost nan n ablinea saanufeceariny business. Hive about 8 country customers. Address X 6) ‘Tribune office. OPTICAL GOODS. Spectaclés to all sights on scientific ‘panelplen Obese abd eld Glasses, Telescopes, M- | Groncopgs. Barometers ci vi ‘PHOTOGRAPHY. CABINETS PRR OZ. otter ip only for the reuisinden ot His fe month. Seen eae er _|H: ROCHER, ~PKOTOGRAPHER, 4-79-81 State-at,, Chicago. PROFESSIONAL. : ~ “A CARD: etic Healer, and BS DE ‘separate and-Indeperident provision. ‘> Bin wat will be Spe dann a nein, Parl Pn id Lung Disease: Ese ae Sie ae anetee, tae Tonrs from 10 6m. 103 am; evenings? toe, 29c. ie ‘UPRIGHT JUDGES, As Opposed to Downright Thiev- -ery in the Maine Case, A Unanimous Opinion Condemn- ing the Garcelonian Process. Every Point of the Nefarious Scheme Turned Against Its Au- * thors, The Governor and Council Are’ Not Clothed with Judicial Au- thority, And They Have No‘Power to Go Behind the Re- turns, : The Intention of the Voter the ‘Paramount Considera= tion. Still Another Fusionist Declines to Take Part in the Steal. ! Democrats. and Greenbackers Assemble ’ Their Forces at the Oap- itol, But as Yet Give Out No Clew as to Ec Their Program. PROMPTLY ANSWERED. AN OPLNION AS IS AN OPINION. Bangor, Me., Jan. 3.—The following is the oficial text of the unanimous opinion of the Supreme Judicial Court farnished and signed this afternoon, in answer to the ques- tions submitted by the Governor: . Baneor, Jan. .3—-To the Hon. Alonzo. Garcelon, Governor of Maine: The under- signed: Justices of the Supreme Judicial Court have the honor to submit the following answers to the questions proposed: Question 1—When the Governor and Coun- cil. decided that tHere is‘no return: froma city:‘on which Representatives can be sum- moned to attend/and take their seats in the Legislature, is it their duty to order a new ‘election, or is it competent for the House of Representatives, if it shall appear that there was an election of such Representatives in fact, to admit.them to seats; though no re- turn thereofwas made .and delivered’ into the officéof the Setretary of State ? Answef—No authority is given to the Goy- ernor and Council when there is no return to order a new election. When the seat of a Representative has been vacated by death,, resignation, or otherwise, provision is made by Revised Statutes, Chap. 4, Secs. 89, 44, and 47, for the filling of existing vacancies. By these provisions, whenever the municipal offi- cers therein mentioned by any: means have knowledge of the death of a Representative- elect, or of a vacancy caused in any other way, it is their duty to order a new election. If it appears to the House of Represent-‘ atives that there was an election of Representatives in fact, they should admit them to their seats, though no return thereof was made to the Secretary of State. The Representative is not to be deprived of his rights because municipal officers HAVE NEGLECTED THEIR DUTY. Question 2—Is it competent for the Gov- ernor and Council to allow the substitution of other evidence in place of the returned copies of such lists as are provided in Art. 4, Part 1, Sec. 5 of -the Constitution, to enable them to determine what persons “appear to be elected” Representatives to the Legislature “by a plurality of all votes returned?” — | Answer—This refers to the substitution authorized by the act of 1877, Chap. 212, The Constitution calls for the return. that is regu- lar in essential forms, and which truly repre- 2 a Paralysis amajority of the Selectmen of a town’ or sents the facts to be described by it; but much of the constitutional requirement is di- rectory merely. It does not aim at depriving the people of their right to suffrage or of their right of representation for formal errors, but aims at avoiding - such a result. Where the constitutional requirement has not been. fully or been defectively exe- cuted by the - town officers, it is in aid of the constitutional provision to sup~ ply the omission or deficiency as neatly and as correctly as may be.- Such is the purpose of the statute. Itis competent for the Goy- ernor and Council to allow an erroneous re- turn, or one that is informal or defective, 0 BE AIDED AND CORRECTED by an attested copy of the record, as by the statute provided. ‘The object of the consti- tutional provisions respecting election is to furnish as many safeguards as may be against - failure, either through fraud or mistake, correctly to ascertain . and declare ' the will of the people. as expressed in the choice of their officers and legislators. Hence the require- ment that not only shall returns be made. on the spot in open town meeting, but a record of the vote shall be made at the same time, andauthenticated. In like manner, if by ac- cident ‘or willful neglect there is an error or omission in the return, what can be safer than to refer to the duplicate statement by record to correctit? This the statute of 1877, Chap. 212, allows to be done; and, while the language is permissive, it falls within well- known legal rule that, when public- tights are concerned, it shall be - CONSTRUED AS MANDATORY, acommand clothed in language of courtesy, so clothed because it could not be doubted that high and honorable officials would un- hesitatingly avail themselves of, all lawful means to declare the result of the election ac- cording to the.actual fact, in obedience to the fundamental ‘principles of popular govern- ment. The Governor and Council are bound by statute. It is mandatory upon them; it impores.a duty to the public that “must be performica. . Whether the = act re- ferred to contravenes tha Constitntion in‘ allowing oral evidence to be received toshow the intention of the voters in casting their’ votes is another part of the statute which we" ~)-are not now called upon to consider. If un- constity tional in the latter respect, that would not affett-the constitutionality. of the other Question 3—Is a return signed by Jess than, Aldermen of a city valid, within the require- ments of the same section? ~~. Answer—To this question we auiswer that, ; while the town may legally elect as many as’ seven Selectmen, the well-known. practice is toelect only three, and*in such cases a re- turn to be valid must be signed by a majority of them, because by no possibility can a less number constitute a legal quorum. But the rule is otherwise with respect to the Alder- men ofs cities, Most of our cities are required ‘ by law to- have as many as seven’ Aldermen, and none of them, we - believe, has less than five: To constitute a quorum, it is only necessary to have a majority of the whole number present, and when such quo- rum is present a majority of ‘the quorum may do business. Supposing the number to be seven, four would constitute a legal quo- rum, and, three being the majority, that quo- rum could legally act, although the fourth should refuse to join them, or should op- pose their action. Consequently, if the re- turn from a city having five or seven Alder- men is signed by three of them, it may be a valid and legal return, because only four may have been present, and in such acase three (being a majority of those pres- ent) could legally act, although the fourth should oppose their action and refuge to join them. When such a return is laid before the. | Governor and Council they cannot know, and they have no right to assume, that the return ig not.valid. Itisthe duty of the, Aldermen to be in session and examine the ward returns, compare and declare: the votes, and of the Clerk to .make a record thereof. From that record, a certified copy of which is retained, the Jaw presumes that 2 quorom of the. Aldermen was present. The law with respect toa quorum and ma- jorities is correctly stated in 5 Dane’s Ab- ridgement, 150, and 1 Dillon’s Municipal Corporations, Secs. 216 and 217. In the latter work it'is said bodies composed of a definit number act by the majorities of those present, provided those present constitute a majority of the whole number, or, to use Mr. Dane’s illustration, if the body consists of twelve Councilmen, seven is the least num- ber that can constitute a valid meeting, though four of the seven may act, and, so far as we are aware; the law is so stated in sub- stance by ALL ANCIENT AND MODERN AUTHORITIES.. ‘The rule applicable to such cases is similar to that which applies to our House of Repre- sentatives. The whole number of Repre- sentatives established by Jaw is 151. A ma- jority (that is, seventy-six members) con- stitutes a quorum to do business. If there is actually that number present, and a majority of them (that is, thirty-nine members) vote in the affirmative, a valid Jaw can thereby be enacted, or other business transacted. If less than seventy-six members are present, then no business can be done except to adjourn or compel the attendance of absent members. This is a familiar law, and illustrates. the principle applicable to the Aldermen of cities, and shows how and why a return signed by less than a majority of the whole number may be, and, so far as. the Governor and Council are concerned, is conclusively presumed to be valid. They have no tight to go behind the returns. ee Question 4—Is a return by the Aldermen of acity which docs‘not give the. number of votes cast. for each: person voted forasa member of the Legislature, and-does not show what pérsons were voted: for as such members in any one of the several wards of such city, a valid return within the require- ments of the same section? : Answer—We are not sure-that we-compre- hend the ‘full ‘scope of this-question: Our answer Will meet. all’ of-its supposed pur- poses. It is .immaterial whether the Aldermen. returned to the Governor and Council .the. detailed vote of each ward separately, or whether they re- turned the result of all the votes‘ of aH the wards for each candidate together. Either mode is a satisfactory way of reaching the same result. The substance only is sought forin such mattcrs.: Nor is it a material matter that, instead of returning all the names of persons voted for, there is a return of votes as scattering; provided ‘that, how- ever, such votes may be added or subtracted, some candidate, orset of candidates, appear to be chosen by a plurality of the vores thrown. The Governor and Council CANNOT OFFICIALLY KNOW, nor have they the right to ascertain, that the votes returned as scattering were not actual ballots with the word “scattering” written thereon. Nor is the election of candidates to be chosen by a plurality of the votes to be defeated because the whole number of votes or ballots may be stated erroneously, or not stated atall. The Constitution contains no such requirements, and the statutory pro- vision requiring it is entirely unimportant and inapplicable to cases where a plurality of votes elects. It is a ‘well- settled rule of the ‘ construction that, where the general’ terms of a statute embrace several .subjects, but are found to be practically applicable to some of the subjects and not to others, it is to be con- strued as 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 section? Answer—Returns from’ towns and cities which are not attested by. the Town, Planta- tion, or City Clerk are not. valid: The attestation _of the Clerk is a. pre- requisite to any action of the Governor and Council in counting the votes. [68 Maine, 583.] Lf, however, the Clerk should be ab- sent, a Clerk pro tempore chosen or Deputy Clerk may be appointed under the statute of 1877,C.17, and the amendment thereof by act of 1874, C..159. The returns of such Clerk pro tempore or Deputy Clerk are to have the same force and effect as it signed by the Clerk. Question 6. Have the Governor and Coun- cil the right to reject the returns of an elec- tion of members.to the Legislature required by the same section from officers of towns, which were not made, signed, or sealed up in open town-meeting ? Answer—The Governor and. Council must act upon the returns forwarded to the Secre- tary.of State. -If they purport to be made, signed, and sealed. up in open plantation or town meeting, they: constitute the basis of action of the Canvassing Board. : No provis- ion is found in the Constitution or any stat- ute of this State by virtue of which they would be authorized to receive evidence to négative the facts” therein set forth. aa therefore, HAVE NO SUCH POWER. ‘The siatement of, the municipal officers is in that respect, conclusive. ¢ Question 7~Is a return of two persons purporting to be Selectmen of a town valid and. sufficient.evidence of the vote of the town, when it appears there were at the time ‘of the meeting at which the election was had but two Selectmen of that town? Answér—When a majority-of the Select- men are absent from a ‘meeting for election purposes, or, being presen 2 neglect or refuse to act as such, and to do “all the duties re- quired of them, the voters at such meeting, may choose so many Selectmen pro tempore ag are necessary to complete the number ‘competent: to do the. duties. {R. S. C. 4, Sec. 20.) "In case of” death’ ‘ or jremoval of all the Selectmen, two would be ‘shfficient and competent to.act. The inquiry is, if the retarh would be valid: when there should be but. two Selectmen at the time of the meeting at which the election was held. PRICE FIVE CENTS. { re the other Selectmen had deceased } prior, to the meéting, survivors might ‘act, ‘and’ their action would be legal. But the Canyassing - Board are to be a ‘GOVERNED BY THE RETURYS.:'i Evidence would not be admissable téprove the fact that there were but two Selectmen of the town, The Governor and Council cannot officially know there are only two. Question 8—Can a person who is not a citizen of the United States at the time be legally elected or constituted the Selectman of a town? Answer—A person not a citizen’ may be elected or constituted a Selectman, so‘ that his official acts bind the town, and are valid . so far as. affects the public. Such an one would. be an officer de facto, and clothed with apparent right. His acts would bind the town. [Dane ¥s. Derby, 5£ Me., 95]; An officer de. facto i one who comes into office by color of legal appoint- ment or election. His acts in that capacity are as valid, as far as the public is concerned, as the acts of an officer de jure. His title CANNOT BE INQUIRED INTO collaterally. [The People-vs. Cook, + Selden, 89] “Precise definition of an officer de facto,” observes Bigelow, C. J., in Fitch- burg Railroad Company vs. Grand Junction & Depot Company, 1 Allen, 557, “is one who- comes in by forms of law, and acts under commission. or election apparently valid,, but in consequence of some ‘illegality, incapacity, or want of qualification is incapable of holding office. Indeed, there is entire unanimity of opinion on-this subject in all the States of the Union where this question has arisen, as well as in Courts ‘of the United States, bit the fact of alien- age is not allowed to be. ‘proved. This was determined in the French~ ville case [64 Maine, 789], “where it was shown that the clerk was an alien,. who could neither read nor write the English language and where almost every conceivable irregularity existed, yet the evidence outside! of the returns was held inadmissable, nor would such fact have any effect if it ap- peared in any by the return itself. _ Question 9—If a ballot has a distinguishing. mark in the judgment of the Governor and Council, such as would make it iWegal’ under the statntes, have they the authority to disregard it in their ascertainment of what persons ‘appear to be elected, where it ap- pears by the official returns of the officers of: the town that such vote was received by the Selectmen subject to their objection, and its, legality referred to the Governor and Council for decision? Answer—The presiding officers are to de- termine whether the ballot offered has a dis- tinguishing mark or figure so that if rejected the voter may ‘procure the ballot if ‘he chooses, to which no exception can be taken,, butif ballots have distinguishing mazks or figures it is no part of the duty of the officers of the town to make any report. or ref- erence thereto. They should reject the ballot if offered where it is within the prohibition of the statute. The statute - prohibits the rejection of a ballot “after it is received into the ballot-box.” It is THEN TO BE COUNTED. The Governor and Council have nothing ta ‘do with the question. Their duty is to count ‘the vote regardless of the fact improperly set forth -in the returns. They .are no- where constituted ‘a ‘tribunal with . judi- ‘cial authority to determine what’ shall . constitute a‘ distinguishing: mark or figure, nor can they legally refuse to open and¢onnt the votes returned. (54. Maine, 603.)- When ‘nballot“has been’ once. received. ina ballot- box neither the Selectmen nor Governor and . Council can refuse to count it. Question 10—If the names of persons ap- pear in the return without. any numberof votes being stated, carried out against them either in words or figures, is it. the duty of the Governor and Council to treat those per- sons as having the same number of votes as another person received for the same office, and whose name is placed first in the return, - if they find dots under the figures or words set against snch other person’s name?” Answer—If little marks, or dats ‘ate.plaéS + urider the figures-or words of the first candi- dates vote returns. should be counted where it appears by the letters or figures in. ‘the first line, and by ditto marks or by dots in the following lines, thatthe same class of candidates ‘received the same vote. There can be no ground for tlie rejection of the: word ditto and its abbreviation “do.” and dots or marks that stand for the word ditto are of common use, and havea perfectly well-defined meahing known. ‘to persons generally. ‘regarded. “We ‘answer the question in the affirmative. pi Question 11—Have the Governor and Coun: cil the legal right to decide what kind of evi- dence they will receive, and what mode of proceeding before them shall be: to enable them to determine the genuineness of. re- - turns required by the article and section of the Constitution above mentioned? , Answer—We assume that the “genuine- ness of the return” referred to relates either to the signatures of. the officers signing orto the alterations of returns. The Governor and Council have ,NO POWER TO REJECT RETURNS - On. either ground, unless an objection in writing is presented “to them setting forth that the signatures of such officers (or some one of them) are not genuine, or: that the return has been altered after {twas signed. Then notice thereof should ‘be given. to all persons interested, and where ad- :judicating upon the facts cor ‘ernor and . Council’ should be ed in the admission of evidence “the established rules of evidence in accor with the law of this State.. The witnesses. should be . duly sworn that they: may- pe punishable for the crime. of per- jury if they wilfully and corruptly testi- iy TY salsely. The vernor and Coun- i have no igi ne to reject. returns for such cause without giving the parties in- terested therein .a fair opportunity to be heard. The genuineness of the return in these particulars is to be resumed, and this presumption remains until overcome by evi- lence produced as before said. Question 12—If the Governor and Council have before them two lists of votes returned from the same town aiering: materially {tom each other in the number of votes returned. as cast for all other respects, both having been dul; ceived at the Secretary’s office, and they ave no evidence to. enable them. to- determine which is the true and genuine return, are they required to treat either of them as valid? - Answer—When two lots of votes are re- turned to the office of the Secretary of State by the clerk of any city, town, or plantation, and both are duly.certified, the return first received at the office of the Secretary must be the basis of the action of the Governor and Council. If defective, or nota true copy of the record, IP CAN BE comnecrep : or the defects. supplied only in ceo: ance idan ite. provisions of the statute Tela thereto. This “Government rests upon at constitutional axiom that power inherent in the people. “It Fi ‘a Government of the people, byt the. le, and for the people ep” and, i Po ts tered in the spirit of iis” ‘foun ers, Er shall not perish from the earth.” Its | Constitution was formed, to use the apt expression of one whose memory is embalmed in the hearts of hiscountrymen, “by a plain people,” and 2 “plain people” must administer it.. The Batiok is Pride as well asthe protection of all. It * Eaesindicetion of the sired fom io mule ‘the oe ficial returnsreq' ‘om the municipal of- Scars of the rer, plantations, towns, and are and wi Be made by by “plain peo- a o ‘an mada, f wu pe the hi and bustl excitement of an election, Y ATO DO ‘That meaning should not be dis- . the same persons, but Identical in in .