SS3
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Volume XYI-Ne. 107.
LANCASTER PA. MONDAY, JANUARY 5, 1880.
Price Twe Cents.
TERMS.
THE DAILYINTELLIGENCER,
PUBLISHED EVEBV EVENING,
BY STEINMAN & HENSEL,
Intelligencer Building, Southwest Cerner of
Centre Square.
The Dailt Intelligencer is furnished te
subscribers In the City of I incaster and sur
rounding towns, accessible by Kailread and
Daily Stage Lines at Ten Cents 1'er Week,
payable te the Carriers, weekly. By 3Iail, $5 a
year in advance ; otherwise, f.
Entered at the pest efliceat Lancaster, Pa., as
t-ccend class mail matter.
3-The STKAM JOIJ PKINTING DEPART
MENT or this establishment possesses unsur
passed facilities for the execution of all kinds
f 1'lain and Fnncv Printing.
COAL.
11. 91 Alt T IX,
If.
Wholesale and Kctail Dealer in all kinds of
LUMBER AXD COAL.
WVanl : Xe. 420 North Water and Prince
streets, above Lemen, Lancaster. n.'Myd
COAL! - - - COAL!!
OO TO
GORREOHT & CO.,
Ker Geed and Cheap Ceal. Yard Hurrisburg
Pike. Olllee '. East Chestnut Street.
P. W. GORKECIIT, Agt.
.1. B. RILEY.
eU-lyd W. A. KELLEK.
C0H0 & WILEY, .
.7.70 SOUTH WATCH ST., lAtnrniiter, J'a.,
Wholesale and Retail Dealers in
LUMBER AND OOAL.
Alse, Contractors and Builders.
Estimates made and contracts undertaken
en all kinds of buildings.
Brunch Office : Ne.3NOKTH DUKE ST.
feblJ-lyd
COAL! COAL! COAL! COAL!
Ceal of the Best Duality put up expressly
for family use, und at the low
est market prices.
TRY A SAMPLE TON.
3 YAKI 150 SOUTH WATER ST.
lielEUyd PHILIP SCHUM.SOX & CO.
jeTici:.
The price-, or coal at our YARDS until lur
tlier notice will be as lollews:
Old Lykcns Yallev, Prepared l m
Old Lvkens Vallev, Xut 4 ."
All ether kinds, Broken, Egg and Xut.... 4 -JO
All ether kinds Steve 4.10
All grades of Pea ."i !
Charge ter delivering, per ten ij
II. BAUMUAKDNEK & CO.
Lam-asteu, Jan. 1, 18SQ. janl-2tdl&."
JUST KKCKIVKD AFINK LOT OF BALED
TIMOTHY HAY, at
M. F. STEIGERWALT & SON'S,
I1KALEI18 IN
COAL! FLOUR!! GRAIN!!!
FAMILY COAL UXDER COVER.
Minnesota Patent Precess Family and Baker's
Fleur. Baled Hay anil Feed of all kinds.
Warehouse and Yard : 234 North Water St
s-JT-lyd
N
TOriCE TO THE PUBLIC.
G. SENEK & SONS.
Will continue te sell only
GEXUTNE LYKENS VALLEY
and WILKESBAIIRE COALS
which are the best in the maiket, and sell a-
LOW as the LOWEST, and net only GUAR
ANTEE FULL WEIGHT, butallew te WEIGH
OX AXY scale in geed order.
Alse Bugh and Dressed Lumber, Sash,
Deers, Blinds, &c.,at Lewest Market Pi ices.
Olllce and yard northeast corner Prince and
Walnut streets, Lancaster, Pa. janl-tfd
HOOKS A XV STATJOXCKY.
II
OLIDAY FANCY GOODS.
HOLIDAY BOOKS.
Autograph and Photograph Albums, Writ
ing De.sks and Werk Bexes, Christinas and
Xew Year Cards.
PAPETBRIES,
AT
L. M. FLYNH'S,
Ne. 42 WEST KING STKEET.
NEW YEAR
CARDS.
An Elegant Assortment at the
BOOK STORE
OP
JOHH" BAER'S SOIS
15 and 17 NORTH QUEEN STREET,
LANCASTER, PA.
HOOTS AXV SHOCS.
TELIABLE
BOOTS AND SHOES.
We guarantee every pair wc sell. We keep
the most perfect fitting, best style and well
wearing shoes, and sell them at the very
LOWEST PRICES.
Our stock was purchased last summer bcfei e
the late advance in leather and material, and
we offer te give te our customers the advan
tage of our successful speculation by selling
our present stock at lower prices than we
could te-day buy again. We also continue te
make
Custom Werk
at short notice, stylish and durable, and at
lower prices than any ether shoemaker here or
elsewhere.
49-Mcnding done promptly and neatly.-ea
Give us a call.
A. ADLER,
43 WEST KING STREET.
HAIH VHCSSIXU.
Mrs. C. 1ILLER,
LADIES' HAIRDRESSER,
Manufacturer and Dealer in Hair Werk, Gents'
WI"S. Combings straightened and made te
order. Hair Jewelry of all kinds made up.
Alse KiU Gloves and Feathers cleaned and
dyed at
Nes. 223 & 227 NOBTU QUEEN ST.,
U-2md uoeru Aoeve P. R. R. Depot.
VLOTIIIXO.
TONT FOKGEl
That the place te get cheap and appropriate
CHRISTMAS GIFTS
IS AT
RATHVON & FISHER'S,
Ne. 101 NORTH QUEEN STKEET.
Frem new until the 1st of JANUARY next
w e will sell
READY-MADE CLOTHING
and FURNISHING GOODS at COST. Clothing
made te order also LOW. decl7-2wdeed
H7 GERHART
TAILOR,
Having just returned lrem Xew Yerk with a
larire and
CHOICE STOCK
EegM ai Demestic Woolens
FOR MEN'S WEAR,
Would respectfully announce te his customers
anil the public that he u ill have his regular
FALL OPENING
ON
MONDAY, SEPTEMBER 20th.
LARGEST ASSORTMENT,
LATEST STYLES
AXI) PBICES AS LOW AS ANY' HOUSE IN
THIS CITY AT
H. G-ERHART'S,
Ne. 51 North Queen Street.
ni'ECIAL NOTICK.
66.
68.
Mansman&Bre.
I SALE!
OK
OVERCOATS AND HEAVY SUITINGS.
special ixiuci:.mi:nts
te buyers of Clothing in order te make room
ler a large SPRING STOCK new being manu
factured, and we are needing room. We offer
well-made and stylish
Clothing for Men and Beys
LOWER PRICES
than ever heard of belnri1, although Goods are
going up every day. We will sell, ler u e must
hare the room.
Loek at Our Astonishingly Lew Price
List:
OVERCOATS! OVERCOATS! OVERCOATS!
ter $2.90, ter $3.83, for $5.33, fer$ii.73.
OVERCOATS ! OVERCOATS ! OVERCOATS !
ter $7.73. for $9.73, for $10.75.
OVERCOATS ! OVERCOATS ! OVERCOATS !
for $12, $14, $1! and $20.
These are heavy-lined Overcoats, caret ully
made and splendidly trimmed.
OVERCOATS ! OVERCOATS ! OVERCOATS ;
ler $7.50, ler $8.50, for $0.50, for $12.
OVERCOATS ! OVERCOATS ! OVERCOATS !
for $15, for $1S, for $20.
These are Plaid-Rack Overcoats equal te
custom weik.
HEAVY, MEN'S SC1TS !
ler $3.50, $1.00, $5.00, $7.00, $0.00, $10.00.
MEN'S SUITS FOR FIXE DRESS !
for $12.00, $11.00, $15.00, $10.00, $18.00 and $20,00.
ROYS' SUITS AXD OVERCOATS !
ROYS' SUITS lrem $2.25 te $10.00.
ROYS' OVERCOATS VERY LOW.
Wc sell only our own make and guarantee
satisfaction. "
Meney returned en all geed-, net teuud as
represented.
3?Please call, whetheryeu i di te purchase
or net.
CUSTOM DEPARTMENT
Is stocked with the latest styles, which we
make te measure at the lowest c.isli prices and
guarantee a perfect lit.
SUITS TO ORDER from $12 upwards.
PAXTS TO ORDER from $3.50 upwards.
D. GANSMAN & BRO.,
MERCHANT TAILORS AXD CLOTHIERS,
66 & 68 NORTH QUEEN ST.,
S. W. Cerner et Orange, Lancaster, l'a.
(.Bailsman's Cerner.)
GCXTS' aoevs.
CHRISTMAS PEESENTS.
CLATJDENT SCARFS,
SILK HANDKERCHIEFS,
LADIES "WORK BOXES,
SILK SUSPENDERS,
E. J. ERISMAN'S,
50 NORTH yUEKN STREET.
CLOTHIXO.,
NEW GOODS
FOB
FALL & WINTER:
Wc are new prepared te show the public one
of the largest stock. of
READ1TLADE CLOTHING
ever exhibited in the citv et Lancaster. Geed
Working Suits for men $C.0O. Geed Stvles
Cas-dmere Suits for men $7.50. Our All Weel
Men's Suits that wearesellinir ler S0.OJ are as
geed as you can buy elsewhere for $12.00. Our
eteek of Overcoats are immense. All grades
and every variety of styles and colors, for
men, boys and youths, all our own manufac
ture. Full line of Men's, Youths' and Reys'
Suits. Full line of Men's, Y'euths' and Reys'
Overcoats.
CUSTOM DEPARTMENT !
We are prepared te show one et the best
stocks of Piece Goods te select from and have
made te order ever shown in the city. They
are all arranged en tables fitted up expressly
se that every piece can be examined belere
making a selection. All our goods have been
purchased before the rise in woolens. We are
prepared te make up in geed stvle and at short
notice and at bottom prices. Ve make te or
der an All Weel Suit for $12.00. 15y buying
your goods at
CENTRE HALL.
you save one profit, as wc manufacture all our
own Clothing and give employment te about
one hundred hands. Call and examine our
stock and be con vinced a te the truth et hieh
we atlirm.
MYEBS & KATHFON,
Centre Hall, Ne. 12 Eaht King Street.
CENTRE HALL,
24 CENTRE SQUARE.
Closing out our
WINTER STOCK
In order te mmcc loom for the
Large Spring Stock,
Which weaicneu manufacturing.
Overcoats,
Suits and Suitings,
Te be sold at the Lewest Prices.
1 B. Metier & Seb,
24 CENTRE SQUARE,
SS-lyd
LAXCASTKU, PA.
vuy aoevs.
OPliCIAL BAKGA1XS FOll TI1K COMING
FESTIVE SEASON.
BLACK SILKS,
BLACK CASHMERES,
COLORED CASHMERES,
LADIES' COATS,
BROCHE SHAWLS,
BLxVCK THIBET SHAWLS,
CLOTH AXD FLANNEL SKIRTS,
BLANKETS AND QUILTS
Purchasers will de well te examine our stock
before purchasing elsewhere, as the above
goods have all been marked ter the OCCASION'
at less than regular prices.
FAHIESTOCK'S,
Next Doer te the Court Heuse.
CAHHCTS.
-I KEAT BARGAINS.
A Large Assortment of all kinds et
CARPETS
Are still sold at lower rates than ever at the
CARPET HALL.
OK
H. S. SHIRK,
202 WEST KING STUEET.
Call and examine our steckand satisfy your
self that we can show the largest asseitment
of ISrusseK Three plies and Ingrains at all
prices at the lowest Philadelphia prices. Alse
en hand a large anil complete assortment et
ItAG CAUPETS. satisfaction guaranteed both
as te price and quality. Yeu arc invited tecall
uuil sec my goods. Ne trouble in showing
them, cven'if yen de net want te purchase.
Don't lerget this notice : Yeu can save
money here if you want te buy.
Particular attention given te custom work.
Alse en hand a full assortment of Counter
panes. Oil Cleths and IJlankcts of every va
rietv. mj-2$-tid&w
"VTEW steiu:
Philip Scimm, Seu & Ce.
HAVE ON HAND
Xes. 3S & 40 WEST KING ST.,
(Formerly II. Z. Kheads & IJre.'s,)
a line selection et the Well-known, Gen
nine LANCASTER QUILTS, Woolen and Half
Woolen COVERLETS. CaUPETS, Carpet
Chain, Y'arns of all kinds, a complete line el
Ladies' Furnishing Goods, Notions. &c.
Scouring and Dyeing promptly attended te.
In order te accommodate the public we have
located our Ceal Olllce at the above place.
PHILIP SCIIUM, SON & CO.,
eSl-Smd&w 33 & 40 West King St., Lancastei
CVVVATIOXAL.
riniK ACADEMY CONNECTED "WITH
I Franklin and Marshall College offers su
Serier advantages te young men and boys who
esire either te prepare forcellege or te obtain
a thorough academic education. Students re
ceived at any time during the school year
Send ter circulars. Address
KEV. JAMES CUAWFOUD,
ectll-lyd Lancaster, Pa.
Greatly Mncufl Prices
Lancaster Intelligencer.
MONDAY EVENING, JANUARY 5, 1880,
Gov. Garcelon Answered.
Decisions that Sustain In Tart the Action of
the Council.
The following is the full official text of
the unanimous opinions of the supreme ju
dicial court, finished and signed, in answer
te the questions submitted by Gov. Garce
lon :
The undersigned, justices of the supreme
judicial court, have the honor te submit
the following answers te the questions
proposed :
Question 1 When the governor and
council decide that there is no return from
a city en which representatives can be
summoned te attend and take their seats
in the Legislatuie, is it their duty te order
a new election, or is it competent for the
Heuse of Representatives, if it shall ap
pear that there was an election of such
representatives in fact, te admit them te
seats, though no return thereof was made
and delivered into the office of the secre
tary of state ?
Answer Ne authority is given te the
governor and council, when there is no re
turn, te order a new election. When the
seat of a representative has been vacated
by death, resignation, or otherwise, pro pre
vision is made by R. S., c. 4 (sees. 38, 44,
47) for the filling of existing vacancies.
By these previsions, whenever municipal
officers therein mentioned by any means
have knowledge of the death if a repre
sentative elect, or of a vacancy caused in
any ether way, it is their duty te order a
new election. If it appears te the Heuse
of Representatives that there was an elec
tion of representatives in fact, they should
admit them te their seats, though no re
turn thereof was made te the secretary of
state." A representative is net te be de
prived of his rights because municipal
officers have neglected their duty.
Question 2 Is it competent for the gov
ernor and council te allow substitution of
ether evidence in place of "the returned
copies of such lists" as are provided for
in article 4, part 1, section 5 of the consti
tution, te enable them te determine what
persons "appear te be elected represen
tatives te the Legislature by a plurality of
all the votes returned V
Answer This refers te the substitution
authorized by the act of '77, c. 212. The
constitution calls for a return which is reg
ular in essential forms, and which truly
represents the facts te be described by it,
but much of the constitutional require
ment is directory merely. It does net aim
at depriving the people of their right of
suffrage, of ncir right of representation,
for formal vrrers, but aims at avoiding
such a result. Where the constitutional
requirement has net been fully, or has been
defectively, executed by the town officers,
it is in aid of the constitutional prevision te
supply the emission or deficiency as nearly
as may be. Such is the purpose of the
statute. It is competent for the governor
and the council te allow an erroneous re
turn, or one that is informal or defec
tive, te be aided and corrected by an at
tested copy of lecerd, as by statute pro
vided. The object of the constitutional
previsions respecting elections is te furn
ish as many safeguards as may be against
a failure, either through fraud or mistake,
correctly te ascertain and declare the
will of the people as expressed
in the choice of their officers and leg
islators. Hence the requirement that
net only shall returns be made en
the spot in an open town meeting, but a
receid of the vote shall be made at the
same time and authenticated in like man
ner. If by accident or wilful neglect
there is an error or emission in the return,
what can be safer than te refer te the du
plicate statement by the record te correct
it? This the statute of 1877 (c. 212)
allows te be done ; and while the language
is permissive, it falls within the well
known legal rule that, when public rights
are concerned, it shall be construed man
datory. A command clothed in the lan
guage of courtesy is se clothed because it
could net be doubted that high and hon
orable officials would unhesitatingly avail
themselves of all legal means te declare
the lesult of an election according te the
actual fact, in obedience te the fundamental
principles of popular government. The
governor and council are bound by the
statute. It is mandatory upon them ; it im
poses a duty te the public that must be
performed. Whether the act referred te
contravenes the constitution in allowing
oral evidence te be received te show the
intention of the voters in casting their
votes is another part of the statute, which
we are net new called upon te consider.
If unconstitutional in the latter respect,
that would net affect the constitutionality
of the ether separate and independent pro pre
vision. Question 9. Is a return, signed by less
than a majority of the selectmen of a town
or the aldermen of a city, valid within the
requirements of the same section ?
Answer. Te this question wc answer
that, while a town may legally elect as
many as seven selectmen, a well-known
practice is te elect only three, and in such
cases a return, te 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 te the aldermen of cities.
Most of our cities arc required, by law, te
have as many as seven aldermen, and
none of them, we believe, has less than
five. Te constitute a quorum it is only
necessary te have a majority of the whole
present, and when such a quorum is
present a majority of the quorum may de
business. Supposing the number te be
seven, four would constitute a legdl quo
rum, and three, being a majority of that
quorum, could legally act, although a
fourth should refuse te join them, or
should oppose their action. Consequently,
if a return from a city having five or
seven alderman, is signed by three of
them, it may be a valid and legal return,
because only four may have been
present, and in such a case three
(being a majority of these present)
could legally act,
fourth should oppose
and refuse te join them.
although the
their action
When such a
return is laid before the governor and
council, they cannot knew, and they have
no right te assume, that the return is net
valid. It is the duty of aldermen te be
in session and examine ward returns, com
pare and declare votes, and the duty of the
clerk te make a record thereof. Frem that
record,a certified copy of which is returned,
the law presumes that a quorum of alder
men was present. The law with respect
te a quorum and majorities is correctly
stated in 5 Dane's Abridgement, 150, and
1 Dillen's Municipal Corporations, sections
21G and 217. In the latter work it is said
that bodies composed of a definite number
act by the majorities of these
piesent, provided these present con
stitute a majority of the whole number ;
or, te use Mr. Dane's illustration, if a
body consists of twelve councilmen,
seven is the least number that can consti
tute a valid meeting, though four of seven
may act ; and se far
as we are
aware, the law is se stated in suestance
by all ancient and modern authorities.
The rule applicable te such case is similar
te that which applies te our Heuse of Re-1
presentatives. The whole number of Re
presentatives established by law is 131. A
majority, that is, 7G members, constitutes
a quorum te de business. If there is ac
tually that number present, and a majeri
ty of them that is thirty-nine members
vote in the affirmative, a valid law can
thereby be enacted, or ether business
transacted. If less than seventy-six mem
bers are present then no business can be
done except te adjourn or cemj el the at
tendence of absent members. This is a
familiar law, and illustrates a principle
applicable te alderman of cities, and shows
hew and why a return signed by less than
a majority of the whole number may be
and se far as the governor and council are
concerned is conclusively presumed te be
valid. They have no right te go behind
the return.
Question 4 Is a return by aldermen of
a city which docs net give the number of
votes cast for each person voted for as a
member of the Legislature, and does net
show what persons were voted for as such
members in any one of the several wards
of such city, a valid return within the re
quirements of the same section '?
Answer We are net sure that we com
prehend the full scope of this question.
Our answer will meet all of its supposed
purposes. It is immaterial whether the
alderman returned te the governor and
council the detailed vote of each ward sepa
rately, or whether they returned the re
sult of all votes of all of the wards for each
candidate. Either mode is a satisfactory
way of reaching the same result. Sub
stance only is sought for in such matters ;
nor is it a material matter that, instead of
returning all the names of the persons
voted for, there is a return of votes as
scattering ; provided that, however such
votes may be added or subtracted, the
same candidate or set of candidates appear
te be chosen by a plurality of the votes
thrown. The governor and council can
not officially knew, nor have they the right
te ascertain, that the votes returned as
scattering were net actual ballets, with the
we ill " Scattering" written thereon ; nor
is the election of the candidates te be
chosen by a plurality of votes te be defeat
ed because the whole number of votes or
ballets may be stated erroneously or net
stated at all. The constitution contains
no such requirement, and the statutory
prevision requiring it is entirely unimper
tant and inapplicable te cases where a plur
ality of votes elect. It is a well settled
rule of construction that where the general
terms of a statute embrace several subjects
but are found te be particularly applicable
te some of the subjects and net te ethers,
it is te be construed as embracing these
subjects only te which it is particularly ap
plicable. Question 3 Arc leturns from towns or
cities which arc net attested by the town
or city clerk valid within the same sec
tion. Answer Returns from towns and cities
which arc net attested by town, plantation
or city clerk are net valid. The attesta
tion of the clerk is a prc-requisite te any
action of the governor and council in count
ing the votes (08 Maine, 38S). If, how
ever, the clerk should be absent, a clerk
pre tempere may be chosen, or a deputy
clerk may be appointed under the statute
of 1877 c. 17 and amendment thereof. By
the act of 1874 c. 139, the returns of such
clerk pre tempore or deputy clerk are te
have the same force and effect as if signed
by the clerk.
Question G Have the governor and
council a right te reject the returns of the
election of members of the Legislature re
quired by the same section from the offi
cers of towns which were net made, signed
and sealed up in an open town meeting ?
Answer The governor and council
must act upon the returns forwarded te the
secretary of state. If they purport te be
made, signed, and scaled up in an open
plantation or town meeting they constitute
the basis of action of the canvassing beard.
Ne prevision is found in the constitution
or in any statute of this state by virtue of
which they would be authorized te receive
evidence te negative facts therein set forth.
They, therefore, have no such power. The
statement of the municipal officers is in
that respect conclusive.
Question 7 Is the return of two persons
purporting te be selectmen of a town
valid and sufficient evidence of the vote of
the town when it appears that there were
at the time of the meeting at which the
election was had but two selectmen of that
town ?
Answer When a majority of selectmen
are absent from a meeting for election pur
poses, or, being present, neglect or refuse
te act as such and te de all duties required
of them, the voters at such meeting may
cheese se many selectmen pre tempore as
are necessary te complete the number
competent te de the duties. R. S., c. 4,
section 20. In case of the death or removal
of all the selectmen, two would be suffi
cient and competent te act. The inquiry
is. if the return would be valid where there
should be but two selectmen " at the time
of the meeting at which the election was
had." If the ether selectmen had deceased
prier te the meeting, the survivors might
act and their action would be legal. But
the canvassing beard arc te be governed
by the returns. Evidence would net be
admissible te prove the fact that there
were but two selectmen of the town. The
governor and council cannot officially
knew that there arc only two.
Question 8 Can a person who is net a
citizen of the United States at the time
be legally elected a selectman of a town '?
Answer A person net a citizen may be
elected or constituted a selectmen, no that
his official acts bind the town, and are
valid, se far as affects the public. Such
an one would be an officer de facto, and be
clothed with apparent right. His acts
would bind the town (Dane vs. Derby. 54
Maine, 93). An officer dc facto is one who
comes into office by color of a legal appoint
ment or election. His acts in that capa
city are as valid, se far as the public are
concerned, as the acts of an officer dejitre.
His title cannot be inquired into collater
ally. (The people agt. Cook, IV. Selden,
89.) The precise definition of an officer
de facto, observes Bigclew, C. J., in the
case of the Fitchburg railroad company
agt. the Grand Junction and Depot com
pany (1 Allen, 537), is one who comes in
by forms of law and acts under a com
mission or election apparently valid ; but
in consequence of some illegality, inca
pacity, or, want of qualification, is incapable
of holding the office. Indeed, there is an
entire unanimity of opinion en the subject
in all states of the union where this ques
tion has arisen, as well as in the courts of
the United States ; but the fact of alien
age is net allowed te be proved. This
was determined in the Frenchvillc case
Gi Maine, 389 when it was shown that
the clerk was an alien, who could neither
read nor write the English language, and
where almost every conceivable irregulari
ty existed. Yet, evidence outside of
the returns was held inadmissible ; nor
would such fact have an effect if it
appeared in and by the return itself.
Question 9. If a ballet lias a dis
tinguishing mark, in the judgment of the
governor and council, such as would make
it illegal under the statutes, have they au
thority te disregard it in their ascertain
ment of what persons appear te be elected,
where it appears by official returns of the
officers of the town that such vote was re-
ceived by the selectmen,
subject te their
objection and its legality referred te the
governor and council for decision ?
Ans. The presiding officers are te deter
mine whether the ballet offered has a dis
tinguishing mark or figure, se that the
rejected voter may procure a ballet if he
cheeses, te which no exception can be
taken, but if ballets have distinguishing
marks or figures it is no part of the duty
of officers of towns te make any report in
reference thereto. They should reject the
ballet if offered, when it is within the pro
hibition of the statute. The statute pro
hibits the rejection of the ballet "after it
is received into the ballet-box.' It is
then te be counted. The governor and
council have nothing te de with the ques
tion. Their duty is te count the votes re
gardless of the fact improperly set forth in
returns. They are nowhere constituted a
tribunal with judiciary authority te deter
mine what shall constitute a distinguish
ing mark or figure. Ner can they legally
refuse te open and count the votes re
turned. 54 Maine, 602. When the ballet
has been once received in the Ballet-box
neither selectmen nor governor and ceun
cil can refuse te count it.
Question 10 If names of persons appear
in a return without any number of votes
being stated or carried out against them
either in words or figures, is it the duty of
the governor and council te treat these
persons as having the same number of
votes as another person received for the
same office and whose name is placed first
en the return, if they find dots under the
figures or words set against such ether
person's name '.'
Answer If the ditto marks or dots
are placed under the figures or
words of the first candidate's vete
the return should be counted where it
appears by letters or figures in the first
line and by ditto marks in the following
lines. That the same class of candidates
received the same votes there can be no
ground for rejection. The word ditto and
its abbreviation te "de." and the dots or
marks that stand for the word, are of com
mon use and have a perfectly well-defined
meaning, known te persons generally, that
the meaning should net be disregarded.
We answer the question iu the affirmative.
Question 11. Have the governor and
council the Ieiral right te decide what kind
of evidence they will receive and what
mode of proceeding before them there
shall be te enable them te determine the
genuineness of returns required by the ar
ticle and section of the constitution above
mentioned ?
Answer We assume that the gen
uineness of the return referred te re
relates te either the signatures of officers
signing, or te alterations of the return.
The governor and council have no power
te reject returns en either ground unless
an objection in writing is presented te
them, setting forth that signatures of such
officers, or some of them.Jarc net genuine,
or that the return had been altered after it
was signed. Then notice thereof should
be given te all persons interested, and
when adjudicated upenfacts. The governor
and council should be governed iu the ad
mission of evidence by established rules of
evidence in accordance with the law of
this state. The witnesses should be duly
sworn, that they may be punishable for the
crime of perjury if they wilfully and cor
ruptly testify falsely. The governor and
council have no right te reject returns for
such cause without giving the parties in
terested therein a fair opportunity te be
heard. The genuineness of a return in
these particulars is te be presumed, and
that presumption remains until overcome
by evidence produced, as before said.
Question 12. If the governor and coun
cil have before them two lists of votes re
turned from the same town, dilfering
materially from each ether in the number
of votes returned as cast for the same per
sons, but identical in all ether respects,
both having been duly received at the
secrctary'sj office, and they have no evi
dence te enable them te determine which
is true and genuine, arc they required te
treat either of them as valid '.'
Ans. When two lists of votes are'return
cd te the office of the secretary of state by
the elerk of any city, town or plantation,
and both are duly ccitificd, 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 net a true
copy of the record, it can be corrected or
the defects supplied only in accordance
with the previsions of the statute relating
thereto.
WALL l'Al'CHS, Jtc.
WE
AKE rilEI'ARED TO MAKE
ALL KINDS OF
WINDOW CORNICES
In the best manner and Lew Prices.
Gimp Bands, Curtain Leeps, Heeks, &c.
FULL STOCK OV
WALL. PAPEK,
Seme very Choice New Patterns,
WINDOW SHADES,
FRINGES, FIXTURES, &c.
Measures of Windows taken
up promptly. Call and see.
anil shades put
PHARES W. FRY,
C3 North (jueen Street.
revxvens axv mavulxists.
T ANCASTEK
BOILER MANUFACTORY,
SHOP ON PLUM STREET,
Opposite tub Locomotive Works.
The subscriber continues te manufacture
BOILERS AND STEAM ENGINES,
Fer Tanning and ether purposes ;
Furnace Twiers,
Bellew Pipes,
Sheet-iron Werk, and
Blacksmithing generally.
S-Jobbing promptly attended te.
uuglS-lyd JOHN BEST.
HOHCS, HLAXKCTS, CC.
OICN OF THE BUFFALO HEAD.
ROBES ! ROBES ! !
BLANKETS ! BLANKETS ! !
I have new en hand the Largest, Best and
Cheapest Assortment of Lined anil Unllned
BUFFALO BOBES in the city. Alse LAP
AND HOUSE BLANKETS of every descrip
tion. A full line of
Trunks and Satchels,
Harness, Whips, Cellars, &c.
O-ltcpairing neatly and promptly denc."a
A. MILEY,
108 Xerth Queen St., Cnntaster.
e25-lyd MW4S43mw
rpRY LOCUEU'S COUGH SYKUP.
MEVICAL.
HOP
BIT
EKS
HOP
BIT
EBS
HOP
BIT
EKS
HOP
BIT
EBS
HOP
BIT
EBS
HOP HOP
BIT BIT
EBS EBS
HOP T)KOVERKS. HOP
BIT J. BIT "
EKS "Fer sinkinsr spells tits, dizzi- EKS
ness. rmlnitatien and low snlrlr.s. -
nur reivoniien miters.
nep
BIT
BIT ' Bead et. procure ami use Hep
EKS Bitters, and you will be strong.
EKS
ueannv anu nappy."
"Ladies, de you want te be
HOP
BIT
EBS
HOP
strong, healthy and beuutitul?
Then use Hen Bitters.
BIT
EKS
" The great est appetizer,stomach,
HOP bleed and liver regulator Hep
nep.
jsh .Miners."
BIT
EBS
HOP
BIT
EKS
"Clenrvmen. Lawvers. Editor.
EKS
HOP
Banker and Ladles need Hep Bit
ters tiauy."
'Hep Bitters has restored te se
BIT
EKS
briety and health, perfect wrecks
from intemneninee. "
HOP '"rem intemperance.'1
HOP
BIT "sourstemach.sick headachcand
BIT
EKS
nep
BIT
EKS
HOP
BIT
EKS
HOP
BIT
EBS
HOP
BIT
EBS dizziness Hep Bitters cures with a
lew doses."
HOP
BIT
EKS
HOP
BIT
"STiO will be paid for a ca-e that
Hep Hitters will net cnreerhelp."
"Hep Bl iters builds up, strength
ens and cures continually from the
llrst dose."
"Kidnevnnil ITriimrvreiimliilnt
EKS
of all kinds permanently cured by
Hep Bitters'
nor
BIT
EKS
HOP
BIT
EKS
HOP
BIT
EBS
HOP
BIT
EKS
Hep Cough Cure is the sweetest,
safest and best. Ask children.
The Hep Pad for Stomach, Liver
and Kidnevs is Superior te all
ethers. Ask Druggists.
EBS
D. I. C. is an absolute and Irre
sistible cure for drunkenness use hop
of opium, tobacco and narcotics. HIT
All above sold by druggists. Hep EKS
Bitters Manufacturing Ce. Boches Beches
ter. N. Y. HOP
Send for Circular. BIT
5 dlMydeed&w EKS
HOP
BIT
EBS
HOP
BIT
EBS
HOP
BIT
EKS
HOP
BIT
EBS
HOP
BIT
EBS
HOP HOP
BIT BIT
EKS EKS
KW
KAY
KAY
KAY
KAY
KAY KAY KAY KAY KAY
mm wt!
K-W
IC-W
KAY
KAY
KAY
THE ONLY MEDICINE
K-W rpjj Actg at tne same Tlme en KAV
KAY m, ,. -,, K-W
The LIVER,
K-W
K-W
The BOWELS, KAy
And the KIDNEYS, k-w
K-W
K-W
K-W
Tili'.ii rrnt rt.imanrtlw. Vntlll-Jll lV-
"" iiirt-..ll luHilth will in. ii..rfi.(.t r U Iv-W
perfect :
KAY
they become
'i clogged, dreadful dis- .. .
e te lollew with lv"
ea-es are sure 1
K-W
TERRIBLE SUFFERING.
K-W
K-W K-W
Biliousness, Headache, Dyspepsia,
K-W Jaundice. Constipation and Piles, or.
KiducyCemplaiuts.(iravcl,IHabctcs,
K-W Sediment in the Trine, Mllkv erx.w
Beny Urine ; or Kheumatie Pains
KAY l,, Aches, are developed because K-W
the bleed is poisoned with the hu-K-Wll,ers
that .should have been ex-K-W
polled naturally.
K-W K-W
KIDNEY WOET
K-W
K-AV
K-W will restore the natural action and K-W
all these destroying evils will be
K-W banished neglect them and you will K-W
live but te sutler. Thousands have
KAY been cured. Try it and you will K-W
add one mere te the number. Take
K-W it-and health will once mere gladden K-W
your heart.
K-W Why sutler longer from the ter-K-W
ment of an aching heart? Why bear
K-W Mich distress lrem Constipation and K-W
Piles? Why be se feartul because
K-W of Disordered Urine? Kidney Wert K-W
will cure you. Tryupackagoatenee
K-W and 1m: satistied. K-W
It is a dry vegetable compound,
K-W and one package makes six quarts K-W
of medicine. Your druggist has it,
K-W or will get it for you. Insist upon K-W
having it. Price $1.00
K-W Wklls, Kiciiai:d.se.v & Ce., Preps., K-W
BUKLIMITON, Vt.
K.W (Will .send pest paid.) julj-lyd&w K-W
K-W K-W K-W K-W K-W K-W K-W
T1XWAHV, AC'
"VTEW PAKTNL'KSIIIP.
Shcrtzer, Huinphreville & Kieftcr,
(the latter employed by Jacob Gable as practi
cal plumber ler a dozen years past), having
lermed a ce-pnrtincrship and purchn-cd the
entire stock, li.xturcs and geed will of JACOB
GABLE in the
GAS FITTIXG AXD PLUMItlXU BUSI
NESS, would respectfully announce te a hitherto
generous public that they are new prepared
te attend, in addition te their
JIOUSEFURXISIIIXG AXD TIXSMITIl-
IXU, GAS FITTIXG AND VIAJMH-
ING IN KVICliY FORM.
Call anil examine stock and ascertain prices
belere going eKcwhere. Satisfaction guanin
teed.
ELI SHEKTZER.
TIIOS. HUMPHKEVILLE,
d20-lmd 1VJ1. A. KIEFEFK.
Having sold the entire stock, fixtures untl untl untl
goed will of my Gas Fitting and Plumbing Es
tablishment, at Ne. 'J East King street, te
Messrs. Shertier, Hnmphreville & Kiefl'er (the
latter of whom was my practical plumberfera
dozen years or mere), I take this opportunity
of recommending them te the public as de
serving of patronage, and also of thanking the
public for their generosity te me in the pastas
well as asking a continuance of the same for
the new linn. JACOB GABLE.
dcc20-lydj
UHOVCHICS.
XT7IIOLESALK AD KETAIL.
LEVAN'S FLOUR
Ne. 227 NORTH PRINCE
STREET.
di7-lyd
1879 GRAND RUSH TO-MORROW 1879
(SEE SMALL BALLS).
Great Preparations, plenty of Help.
Christmas Groceries.
ntUITS : White Grapes, Flerida and Va
lencia Oranges. Lcmens,Banauas, Apples, Fine
Baisins, Figs, Prunes, Prunelles, Dates, etc.
NUTS : Paper-shell Almonds, Sett-shell Al
monds, Cream Nuts Filberts, Dutchnuts, Pe
can Nuts, Peanuts, Chestnuts. Shellbarks, etc.
CONFECTIONS: Pinafore Mixtures, made
by S. F. Whitman & Sen, feril cents 1 8. ; geed
pure Candy Mixtures, 30 cents, Cream Choco
lates, Cream Ben Bens, Beast Almonds, Fruit
and Nut Candies, etc.
CANNEIJ FKCITS AN1 VEGETABLES:
Peaches, Pears, Pine Apples, Green Gages,
Apricots, Nectarines, Egg Plums, Green Cern,
Green Peas, etc.
1JAKING 3IATEKIALS: Baking Butter,
Baking Molasses, VI cents fl quart. New Or
leans 15 cents.
lTJICE FKESII e;t()U.M) SPICES: Bese
Waters, Flavoring Extracts, etc.. etc., etc.
SPECIAL: We are selling Lamps, Toilet
Sets, Smoking Sets, Parian Figures, Glass Sets,
and many ether articles very cheap.
D. S. BURSK, -
17 East Kins Street.
Q VCENS WARE.
1M1K EMPORIUM FOR
. and New Styles of
FINE, USEFUL
HOLIDAY PRESENTS
IS AT THE
CITY PHARMACY,
S. E. Cor. X. Queen and Orange Streets.
N. B. Please call and examine.
TAKCUS G. 8EHNEK,
HOUSE CARPENTER,
Ne-120 North Prince street.
Prompt and particular attention paid te al
teratien and repairs. 13-lyd
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