GOVERNOR CONNOR'S MESSAGES. To the President of the Senate EXECUTIVE DEPARTMENT, Į Augusta, Jan. 12, 1876. and Speaker of the House of Representatives: I transmit herewith a communication from Hon. Hamilton Fish, Secretary of State of the United States, enclosing a copy of a communication from Sir Edward Thornton, Minister of Great Britain at Washington, relative to legislation for the protection. and increase of fish frequenting in common, the frontier waters of the United States and Canada. SELDEN CONNOR. EXECUTIVE DEPARTMENT, To the Senate and House of Representatives: I have the honor to transmit for your information a communication from Hon. H. M. Atkinson, Commissioner of Pensions, giving notice that the designation of Abijah M. Billings of Clinton, Maine, as a Pension Notary, was revoked on the twenty-sixth day of January last, in consequence of his misconduct in office. Abijah M. Billings was commissioned a Justice of the Peace and of the Quorum for the county of Kennebec, December 31, 1869. SELDEN CONNOR. EXECUTIVE DEPA To the Speaker of the House of Representatives: In compliance with the order of the House of Representatives, I have the honor to furnish the enclosed statement of the amount of salaries and compensation of all officers and employees in the Insane Hospital, annually paid within the last five years. SELDEN CONNOR. To the Senate and House of Representatives: I transmit herewith a list of the Acts and Resolves passed during the present session of the Legislature, and approved by me, numbering 213 Acts and 100 Resolves. I have no further communication to make. SELDEN CONNOR. OPINIONS OF THE JUSTICES OF THE SUPREME JUDICIAL COURT. UPON QUESTIONS PROPOSED BY THE EXECUTIVE COUNCIL. "ORDERED, That the opinion of the Supreme Judicial Court be. requested on the following questions: First. In the discharge of their duties as canvassers of lists of votes returned to the office of Secretary of State as required by law, can the Governor and Council include in the number of votes for William H. Smith, for example, such other votes for the same office as are for W. H. Smith? Second. Can the Governor and Council include in the number of votes for William H. Smith, for example, such other votes for the same office as are for William Smith? Third. When the Selectmen and Clerk of any town make a return of lists of votes given in, in such town, showing that William H. Smith and W. H. Smith received votes for the same office, and accompany and seal up with such return a certificate which satisfies the Governor and Council that William H. Smith and W. H. Smith are one and the same person, can the Governor and Council count the votes for W. II. Smith as for William H. Smith? Fourth. Can the Governor and Council receive evidence showing that the return of votes cast in any town for Senator or Representative to the Legislature, does not agree with the record made by the Clerk of such town, and allow the return to be so amended? Does a person elected to fill a vacancy in the office of Register of Deeds, hold the position only for the remainder of the term for which the prior Register was chosen, or for a full term of five years?" The Court responded to the order in the following opinion: BANGOR, December 6, 1875. The undersigned, Justices of the Supreme Judicial Court, have the honor to submit the following answers to the interrogatories proposed: The Governor and Council in comparing and examining the returns of votes and in declaring who are elected act as a canvassing board. They only know what the returns indicate. In their investigations they are limited to the evidence derivable from the returns transmitted to them by the several Clerks of the cities, towns and plantations of the State, except when their powers have been enlarged by statute. If the returns show that ballots were cast for John Smith and for J. Smith for the same office, it cannot be ascertained from any evidence before the canvassing board that the initial letter of the christian name J. was intended for John rather than for Joseph or James or any other christian name beginning with such letter, which different persons bearing that common surname may have. So, if John Smith and James Smith were respectively candidates for the same office, no inspection of the returns however accurate would afford any clue to enable the Governor and Council to determine whether the vote for J. Smith should be counted for the one or the other of the contending candidates, or for some other Smith whose christian name began with J. The fact of different ballots would indicate that there were different individuals for whom such ballots were intended. When there are abbreviations of the christian name in common and ordinary use, as Wm. for William, it is otherwise, for these abbreviations have a recognized and well understood meaning. So, when the name is mispelled but recognizable by the sound as that of a candidate the mispelling cannot lead to any misunderstanding, the recognition of identity from the record will justify the counting the name mispelled for the candidate for whom it was obviously intended. So far as this question relates to the returns of votes for Senators and Representatives, it is comparatively unimportant, as the Senate and House of Representatives are the constitutional judges of the election of the members of their respective bodies, and have full power to receive and act upon the evidence necessary to enable them justly to determine the rights of the different claimants for the same seat. In the case of county officers the will of the voters may sometimes be defeated by their negligence in not designating with sufficient precision the names of their candidates. In respect to those officers the powers of the Governor and Council have been increased to a limited extent by R. S. c. 78, § 5. Whether a further enlargement of their powers may not be expedient is a matter for the consideration of the Legislature. To the first question proposed, we answer in the negative. 2. The names of William II. Smith and William Smith are different. The ballots respectively bearing those names were cast by different persons, and they are returned as the names of different candidates. Evidence from without the returns would be necessary to show that they were intended for the same person. But such evidence is not legally admissible. The second question we answer in the negative. 3. By the tenth amendment to the constitution, it is provided that "fair copies of the lists of votes shall be attested by the selectmen and town clerks of towns and the assessors of plantations, and sealed up in open town and plantation meetings; and the town and plantation clerks respectively shall cause the same to be delivered into the Secretary's office thirty days at least before the first Wednesday of January annually. And the Governor and Council shall examine the returned copies of such lists, &c., &c., and twenty days before the said first Wednesday of January annually shall issue a summons to such persons as shall appear to be elected by a plurality of all the votes returned, to attend and take their seats," &c. By R. S. c. 4, § 33, the town clerk is required to transmit to the Secretary of State within a prescribed time "the returns of votes given in his town." When the selectmen and town clerks of and the assessors of plantations attest"fair copies of the lists of votes," and seal up the same "in open town and plantation meetings," and cause the same to be delivered into the Secretary's office as required by the constitution and the statutes, their duty is at an end. They are not certifying officers as to the identity of candidates when that identity is not apparent from the returns transmitted, for the reason that the constitution has not made them such. We answer the third question in the negative. 4. By R. S. c. 78, § 5, the power of the Governor and Council is somewhat enlarged in relation to the election of County Commissioners, and the provisions of this act have been made applicable to other county officers. But this act gives no power to correct the errors, which may exist in the returns of votes of Senators. It is for the Senate to see that such errors as are supposed to exist in and by this inquiry are duly corrected. The fourth question we answer in the negative. 5. By R. S. c. 7, § 2, it is enacted that "in each county and in each registry district established by law, there shall be chosen by ballot by such persons as are qualified to vote for Representatives at town meetings, on the second Monday of September in the year one thousand eight hundred and seventy-two, and every five years thence following, some person to be Register of Deeds." |