i'jrnas;-
THE ADVERTISER
TBS. ADVERTISER'
" Xh--T
-
' v ' ' "5 r 7 ' n ' " ; i -Tnmmam!Emmsmm'
fk AkSf b. sii f 'i CI ,J, w mV &
L M 1BK . 'if -!- rIB f s 'IP m v -
li
T. C. HACKER.
FAIRBROTHER & HACKER,
Z J
Publishers and Proprietors.
Published Every Thursday Horning!
AT BROWNVILLE, NEBRASKA.
TERMS, IN ADVANCE:
One copy, one year
One copy, six months. -
One copy, three months
- Nopapersentrromtheoglcenntllp&ldtiT.
HEADING 31ATTER OXEVERYPAGE
OFFICIAL DIREOTORT
District Officers.
Jndee.
..District Attorney
District Clerk.
:rnoovEU-
Conntv Officers.
.ConntyJndce
V1 LsOK K. V AJOUS
. u. i r.Monn
Clerk and Recorder
Tren rpr
SherlR
K V in. " - . eoronei
o n.lJt-K1V.V:k-KU -- Surveyor
iTMlTM P r HOTH ku -TZIschool Superintendent
j W If" pJJilLi AN Commissioners
j n. PEEBV. J
City Officers.
X T5. norKFJ ZZ.Treainrer
P x TV.VUr- ",". Jlarshal
JUH-. W. l.- -
roTTNCirMEX.
r..D noTtrwv
jnv.pn nonv. '
1st Ward
2nd Ward
3rd Ward
v. ,v irnKiVil
,FWm UTT.T..
7..
i iTrnnT.
y-m.M. fj.iu .Wlj yinlU mill If "H"""
SOCIAL DIRECTORY.
ClinrcTic;.
- .. ... . . cM-5opn.aeli Sabbath
fft.-Mn m and 7-M n. m. Sunday School an
2,n'm.' Pravr MeeitnB Thursday evening.
H. P. WtrN-. Paotor.
roHl. erlnn rinr-li.-SorvIrj njibath
ni at T:r. o-Clo-k. W J- Wkbbkr. Pastor.
Hit VIa..Mt CnviS-rlnnd ''-",',v,rjn2'7
,! --V: ?"... ' ti.- JLu..lftf nrownville. Ber-
vi-v-s t Sabbath In each month. D. J. John
son. PaVor.
Ot'iolic -"services everv ih Cnndav or enrli
Mn"tCt 10 o'clock a. m. Vather CnmmlsWj.
Priest.
'Scltool...
K-rt-rnvIUo TTnlon 'V, "V,?; I1 Alstnnt
ITh Schwl: Mi T.. Tucker. ' "" ,ftV,,-.
,-.-t.nent: Mlw Ha-Piirnn-. Tn,r,rT.
JnW and Mis Emma J. 5t..rsan. lbt.Prlmarj.
TswilnorHoaor.
r. -,! i -: mee's everv Jinn-
Brownviire J,nl e. o. - ""- Viitlii!rhrnth-.i-
....i.. i.n.lil Follow Hall, v isiiiuu
,i . ..... ... v . - - - r rf-jrtn v 13.-1':
.. 1 a.I Tnn r.
, it irnoMr. nec .: T.C- Hacker. I. D.
Jnvenil..V, ,!., meets every f".
noon. Mlw !"-e tewa-t. C. T . iliss,i.r
1 lacker, fx-o; Mrs.1.S.Mnleb.SupU
Meets the first Tmlav of eah month. B. 3L Bal
lsy, Pres.; A. II.GIIniore. ec I
il. O. or O. F.
Br.vrnvlllo T.olse No. .'. T. , O. O. W
meetincs Toesrtav evenlns o! "ac,V ?f nilmore
In-hrothHi-resiMTtrullv Invited. A.H.GIlmore,
N.(!. Jas. Cochran, Secy.
NV'niliit Cltv l.odcc "...JJUJ,' "4,a T.
-MMseverv;tsturday. Philip Crotlier. .u.
C. Klms'3'4n- Sec
KnicTtts of Pythias.
Excelsior l.o,le No. 15. m'xWmZ
u .j.i. .p.nh? n Masonic Mail. isiiini.
Knishts cordially invuea
K. Lowman, K. of It. S.
E. Huddart, C. C.
Masonic.
Nrmahn. Valley l.n.lce No. ' A-"A i7il!
S'ite.1 moelines "a'nrdav or 1 or b.ore the ,1.111
or each moon." iiOis- r"" ,,-. snrl.il
dv evenloK forlwtnres. I"'!'"0" "tfpSoS
iMteroonrse. J.C.McXanshtou.W .M. B.r.&ou
liOOS- nMiiti "- - . .,,,
nrnirnri'llr rinntor No. 1. TC. A'a 'r
metinsssoondThnidavoren'-hmontli. A.ii.
Davison. M.E.U.P. It T. Kalney. Sec.
Ml. Cnrmrir'nTi'MJi'lrH No' 'JSfh ILW
meetin-s on.VMondav inescb momh. H.W.
r.mias.Kf.: A.W.NIckell.Bec.
Romp nn-1 lJlTl'flnrIavc.Np.fi;:Vf:
A-r.-Meols at Masonic Uall en t'ierT,"hal:sn"
davs P. W. Fnrnas. r. P. Sov. R. T.Italnej,
Serretary. - . ,
Ailn.liriiantprNw.V- order ot the Eastern Star.
MAtV.Ime7tTnestl,,d Monday In each month.
Sirs. E. & Hamlley, W. M.
Sociities.
Tonnlr Vnlr opiatlon. TL A. TJ."JJI
Pr l"m: John IliM.. VI Prt.: S A. O'orn.
F-rrfary: J. M. Trabridee. Treurer. Mana
C(.n,jr. o. Minlck !. Cochran, r. E. Johnson.
Thomas Bath. C5eo. Crow. J. V. Cavit.
T.lhnrv i-linn-It M. Bailey. Pres.: A.1I.
Gil more. .: W. II. Ho.iver.
Clioml Knlon.-J. C. McNauisliton. PresU J. B.
Docker, sec.
THaU- Drnm-nir ocinti"n.-W. T. Roffers.
I'reit J.B Docker, ec. and Treas
IIP! rooalitnn Cornet ''Til.-n. T. '"-J-r
, i ,,r-or. E. Hnd(Hrl. Treasurer and Busl
n s Man user.
(iiiuimll.uilUUIL.r
ETJSIWESS CRDS.
B. W. FAIRBROTHEK.
Ti S. HOTjTiADAY.
j t Physician. Snrceon.C
t.raJiiatedln ll. Locat 1 n '
Oljstetricinn.
1 Locat 1 n wrnwnvxiie !&-.
Olice.il Main stre
et, f.rown ville, N'b.
Jj. ATTORVKV '.T'T.AW
ri Justice or the pv. OiUce in CJ.urt Konse
B Hiding. Brownville. Neb.
v) VTWItXEVS ITMW.
0"1ce nwr Theod re IIIII ,fc Co.'s store. Brown
ville. Neb.
T1 L. SCHTTv.
I, VTTOBNBV ATI.AAV.
OTi-eoverJ. I.. MctSee&Bro'sstore. Brownville.
Jfebraska.
s
. OSHORX.
ATTORNEY ATI..UV.
omce.No. SI Main street, urownviie, .:u
T H. BROADY.
O Allornrr mid Counselor nt L.air,
omce9vertata Bank.Brownville.Neb.
WT. ROGERS.
Attorney ami Counselor at Lnsv.
WMllslvedHljcent attention to anylei-albusiness
en'rustedtohiscare. Office in the Boy building,
Brownville. Xeb.
J.
W. GIBSON,
Bb.VCKSmTII ASI) HORSE SHOEIl
Work done to order and satisfaction guaranteed
jr-rst street, between Main and Atlantic, Brown
yi'.le.Neb.
AT. CLINE,
FASHION A RLE
PnftT i VII Clint.' T II." 171
, X.VVL A.W, ov .U
CCSTOM. WORK made to order, and flts always
g-aranteed. Kepairing neatly and promptly done,
ribap. No. tT Main street. BrownviHe.Neb.
B. M-
BAILEY,
SHIPPER ASD DEALER IX
LIAE STOCK
unovrxriLLE, xeiiraska.
Farmers, please call aud get prices; I want
to ha mile your hlock.
Office Firf.t Matlonal Bank.
JACOB MAROHN,
HSRCHANT TAILOR,
and dealer in
FineEnslish, French, Scotch and Fancy Cloths
Vest hiss. Etc., Etc.
Rrowuviile. rVcbraNka.
IHARLES HELMER,
FASHIONABLE
Boot and Shoo
MAKER.
HavIiiR bought the cus
tom Kliop of A. Uobison,
I am prepared to do work
ViiS v of all kinds at
fj5r4 RpnsnnnhlA Rafpc
t Krifii J85-RepairIiiK neatly aud
ij3. promptly done.
gT Shop Xo.62-Maln Street,
JSroirnviUc, Nebraska. '
TETTER HEADS,
M m BILL HEAD
Nuatly printed atthisonlce.
C
TZ. iVV
u ?Jri WW Be "r SB Kl ' BJjj v V. mm I JM Ak PHI YJ V, n L 191 K3 Kl BK Ml U ' Vj B9 t BM .atbv Bl Ni BY V
i --JfMH ' Hi HX BIB y m HA K2 y m . ,wi iifiPi 13 Bl H $3 is SS. liSk-VI H -II
r N. OH BM! I HBV 9BBI BKV B 5T BSU V W 1 IBV Kl' W yUV 1BSV I WVS fuij CTJ EM WS -Jl BM a X "MT ! aW BaK
)Mi li IL y al yal B 7 M H xm,(m m mi-n v rW m m B A yl y iii -Bj 7 HIbL B 4-
0w 1 Bb7 f nu?B? , MBk. V BBM BBB , BBL V I BBB BBB , i BBB. BBH I BM 1 BBB KiV .BBBBrSBBBr OJrTV"7 WfQ ffkH I BBM WBTw B7u J BBU rTJW fBBB k 9BV V BaBk f
PtftTr oof x5r N Ny e,02 B'V n y y , . fr "O v nF n n x 7 S BW X7 n
82 oo V J ' ' i m .c . . ' ' V y - mi .- h"
- " ' i ! .hp.- -ii" - -y yaw i - . r -aeaiv
ESTABLISHED 1858.
Oldost Paper in tlie State
Herreus Sufferers-Tie Great European Een-edy-Dr.
J.B.Sixpson's Specific Medicj.ne.
It Is a positive ciue forSpcrxnatorrhea, Seminal
w'eal.ness.Iinpotency, and all diseases resulting
frotnself-flbtise.as ubfore. aktkii.
mental anxiety,
loss ot memory.
Pains In Back or
llial lead to con- ' S'xS r,
stniption.lnsani- ,JAs'5,ji
iv and an earlv jS&l3. j& H
iTrave. Tlie Spe-
lif' it i.spd with "" ''' '-' ir"
vo-idei nil success. Pamphlets sent free to all
te for them and get full particulars. Price.
Spec-i Ic. ?LUJ per package, or sW packaces for .'. 00
Vddres all orders to .f. B.SrMPON MEDICINE
cO..Ivos. 101 and w. Main .si-eer. BniTilo. X. V.
SaM I11 lirownv lie oy A. W.XiclcelI.i;vI-at
AUTIIOKIZED BV THE D. S. GOVEIttMEXT.
efione
OF.
BROTVNVILLE.
PaUl-vp Capital, $o0t000
Authorized "
W0,000
IS PREPARED TO TRANSACT A1
General Banking Business
BUY AND SELL
COIN & CUEKENCY DRAFTS
on all the principal cities of the
United States and Europe
MONEY LOANED
On appro'cd security only. Time Drafts discount
rd. and special accommndntionserantefl to deposit
Ts. Dealers In GOVERNMENT BONDS,
STATE, COUNTY & CITY SECURITIES
:deposits
Received pavable on demand and INTEREST al
lowed 011. time certificates of deposit.
DIRECTORS. Wm.T. Den, B. M. Bailev, jr.A
Ilandley. Frank E. Johnson, Luther iloadley
Wm. Fralhher.
J0HX L. CAR SOX,
A.R. DAVISON". Cashier. President.
J. CMcNAUGHTON.Asst. Cashier.
ESTABLISHED IN 1856.
OLDEST
REAL
ESTATE
AG-ENOY
IIV NEBRASKA.
William H. Hoover.
Does a general Ral Kstate Business. Sells
Lands on Commission, examines Titles,
makes Deeds, Mortgage, and all liibtru
ments pcttnlniug to the transfer of Real Es
tate. Has a
Complete Abstract of Titles
to all Real Estate In Nemaha County.
At The
CROCERTAHD PROVISION
?J STORE OF H
rJF. ILi. .Jones
is the place to get
Groceries,
Provisions.
Confections,
Fine Cifjras,
Toilet Soap,
Canned Goods,
JTre7i Baiter,
Etc., Etc., Etc,
We" also keep all the best brands of
nottr, anu everytiiins usually kept in
a Hrst class grocery store.
Ve have In con
nection with our
FEED STORE
i house a first class
TU"FF
esMmrJ'Jvd
INDORSED BY
PHYSICfANS, CLERGYMEN AND
THE AFFUCTEDjVERYWHERE.
7KE GREATEST MEQSCAL
TtaOigPH OF TH AGE.
TnTTQ P! 5 Q! Dlu Tt7TT has ra(
tUl 10 8 i Li.O Seceded in combiningin
CURE SICK KMDACHE.5lihoee Vuls l1!lfIll,ret19-
E fore antagonistic quali-
TtlTitX PSfT B iIlieSOfaSTREKOTIIINO,
tu S PltLSfHcEoiadttPo-
rnur nvcp-oi K,PTINa Tonic, i
CUKE DYSPlPs.;A. S Tnrfr first apparent
7rr7n,n ,. , lcffvTtistoincri-asetho
TUTi'3 FtLLS kssfVerf
CURE CONSTIPATION. Ishmiatc Thusthesys
Btcm ia nocrihcd, and
mT'C? Till 3 (Jfiy their tonic action on
1 O 1 J.lLwlJnu digestive organ?,
CUKE PI'ES tregnJaf cud healthy c-
"" Evacuations are pro-
TUTrSPLLSO?
CURE FEVER AND AGUE onfiii2ZiSZ
llhl inflnTirrt r-.t a
TMTT'Q Pf I I Q ;Ca!. indicates their a
iUi ! U I ILE.V dapiability to noarip'i
CURE BILIOUS COLIC. " ? hrncc their
emcacy in cunug ner
vous debility, ruebc
choly, dyspeprfa, wast
ingothe muscles,p!ng
gislmess of the liver,
chronic constipation,
and impartiughcalth &
strength to the system.
TUTTS PilLS
Cure KIDNEY Complaint
TOTT'SPfLLS
CURE TORPID LIVER.
TUTT'S PILLS
. IMPART APPETITE.
ooia everywhere.
Price 25 cent?.
Office
53 aiurray Street,
XEW YOKK.
MARSH HOUSE,
JOSEPH O'PELT, PROPRIETOR.
Livery Stable In connection ivitu the House
S-Staee office for all points East, West. "Ha
O-NorthASouth. Omnlbnses to-ffia
3-connect with all tralns."ffia
A3IP1.E ROOMS OX FIRST FLOOR.
WA MTPrA competent builatu ainiattcik
To.uch n. ,.b gooj reference e ufuiih fu; .f ftjT
nd cue ttrmt that will ln.nr a uorlcr oier 8100 mo. Ik!
zmrjms zm&
y?5 Xs0 Jv'iw
3 i.-...5
First N
Bank
"PlLLg
JS M9 H A AW.'1 r . H k. A . V 7lK . MB W A Afci A n&t A. xV 4tv i . .1 Q.w.AiRBRonrKjr
m - rm Wttviw'y vf - - - v m Mmmm wmw nt.4A
THE MATTER iFMSSJE!
r;S
DECISION OF THE SUPREME
I'flTTlfT.
- a. . -, VX ?"T - r . .k
M r - -
i : T
TIicQiicstions ami 'Answers.
z
Bangor,Me.. Jan. 3. Tjie follow
ing it the official text- of the unani
mous opinion of the Supreme. Judi
cial Court, furnished aud signed this
nfternooii, In answer toT the questions
submitted by the Governor: -.
t- Bangor Jan. 3:
To theiron;Alonzo Garcelon, Governof'of Maine
The underaigneilTusttceso" the Su
preme Judicial Courtihave the-honor
to submit the fulIowingt&UBwerii
to thequebtiotifi'proposed-:. ' ''
Question 1 When t!ej Governor
and (Jouneil ueciueu that there is no
-X
return from a city on whiuli Repre
sentatives can be&ummonexi'toattenil1
aud take their sen's in the Legiala
ture. Is it competent for thetHauaetof
ftepresentativep;.ilf it shall appear
thut there was an election ofsuch rep
resentatives in fai-t, io-adtnitrthem
to seats, though nonreturn tliereof
was made and delivered' into theiof-i
fice of the Secretary of State?
Answer Xo authority in given to
the Governor and Council when there
is no return to order a new election.
When the seat of a Representative
hai been vacated by death, resigna
tion, or otherwise, provision is made
"by Revised Statutes, chapter 4, sect
ions 3S, 44 and 47, for the filling of
existing vacancies. By these provis
ions, whenever tlie municipal officers
therein mentioned by any means
have knowledge f-f -the4death'tof a
Ri-presentntive-elect, or of nvacancy
caused in anjT ottjfit- way, it is their
duty to order a new2election. Jf it
appear? f toe H nai of Representa
tives that there was an election of
Representatives in fact, they should
admit them to their seats, though no
return tliereof was made to the Secre
tary of State. The Representative is
not to be deprived of hia rights be
cause municipal officershave neglect
ed their duty.
Question 2 Is it competent for the
Governor and Council to ai'ow'the
substitution of oilier 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 personB "ap
pear to be elected" Representatives
to the Legislatuie "by a plurality of
aM vote returned?"
Answer This refers to the substi
tution authorized by the act of 1S77,
chap. 21:3. The Constitution calls for
the return that is regular in essential
forms, and which iitily rprspnta the
facts to be described by it ; but much
of theconstilulional requirements is
directory merely. It does not aim at
depriving the people of their right to
suffrage or of their riejht of represen
tation for formal errors, but aims at
avoiding suction result. Where the
coi:atitutittial requirement baa not
ben fully or beeti defectively execu
ted by the town officers, it is in aid
of too constitutional pruvnon to
supply the omission or deficiency as
neatly ami as correctly as may be.
Such is tlie purpose of the statute.
It is competent for.the.Governor and
Council toa'ow an erroneous return,
or one that is informal or defective,
to be aided andjenrrected by an attest
ed copy of the record, as by ilie stat
ute provided. The ol ject of the con
stitutional provisions respecting elec
tion is to furnish aa.mauysafeguards
as may be against failure, either
thrown fraud or mistake, correctly
to ascertain and declare the will of
people as ei pressed in tue choice of
their officers aud legislators. Hence
the riji. eim.-tit llii't not only bhhli
returns be made on the spot in open
Ion . ui-i g, 1 ut a lecord of the
vote shall be made at the same time,
and authenticated. In like manner,
if Ly accident or wiliful neglect
there is an error or omission in the
return, what can be safer than to re-
! fer to the duplicate statement by
record to correct it? This the stat
ute of 1S77, chap. 212, allows to be
done; and, while the language is
permissive, it fai's within well known
legal rule that, when public rights
are concerned, it nhall be construed
as mandatory, a demand clothed in
language of courtesy, so clothed be
cause itcoold not bedoubted that irgh
and honorable uffic als would unhesi
tatingly avail themselves of all law
ful means to declare the result of tlie
e'e-tu.n according to the actual fact,
in obedience to the fundamental prin
ciples of popular government. The
Governor aud Council are bound by
statute. It is mandatory upon
them; it imposes a duty to the pub
lic that must be performed. Wheth
er tue act referred to ci.nl ravenes the
Constitution in 'allowing oral evi
dence to be received to .show the in
tention of the volers'.in casting their
votes is another part of the statute
which we are not now called upon to
consider. If unconstitutional in the
latter respect, that would not affect
the constitutionality of the other sep
arate and independent provision.
Question 3 Is a return signed by
less than a majority of the Selectmen
of the town or Aldermen of the city,
valid, within the requirements of the
Barae section ?
Answer To this question we an
swer that, while the town may legal
ly elect as many as seven Selectmen,
the well-known practice is to elect
only three, and in such cases a return
to be valid must be eigned by a ma
jority of them, because by no possi
bility can a less number constitute a
legal quorum. But the rule is other
wise with respect to the Aldermen of
BEOWNVILLE, KEBRASKA, THURSDAY,, JANUARY15. 1880.
cities. Most ofour cities are required
by law to have as many as seven Al
dermen, and "none of them, we be
lieve has less than five. To constitute
a quorum, it is only necessary to have
a majority of the whole number pres
ent, and when' such quorum is pres
ent a majoiity o' the quorum may do
the business. Supposing ih num
ber to be seven, four would consti
tute a legal quorum, and three being
the majority, that-quorum could le
gally act although the fourth should
refuse to join them, or should oppose
their action-. Consequently, if the
return from a city having five or sev
en Aldermen is nigoed by tnr-e of
them, it may be a valid and legal re
turn, because only four may have
been present, and in such a. caselhree
(being a majority of those present)
C'.u'd legally act, although the fourth
'Bbouiit oppose iheir action and refuse
to join them. When such report is
laid before the Governor and CouncM
they cannot know, and they have no
right to assume, that the return is
ipot valid. It is the duty of the Al
dermen to be in session nnd examine
the ward returns, eompare and de
clare the votes, and of the clerk to
make a reeord thereof. -From that
record, a certified copy of which Is
retained, the law presumes ttiat a
quorum of the Aldermen was present.
The law with vespect to a quorum
aud majorities is correctly-stated in 5
'Dane's Abridgment, 139, and 1 Dill
on's Municipal Corporations, sect
tions 216 and 217. In the latter work
it is saidbodies composed of a defi-
Inite Dumber act by the majorities of
those present, provided.thosepresent
constitute a majority of 'tbe'whole'
number, or, to use Mr. Dane's illus
trapim, It the body consists of twelve
Councilmeu, seven is tlie least num
ber that can constitute a valid iwbei
iug, though four of the seven may
act, and, so far as we are aware, the
law is so8tated in'substauce by all
ancient and modern authorities.
Ihe rule applicable to,such cases is
similar to toat which applies to our
House oTRe'pres-ntativf s. .The whole
number of Representatives establish
ed by law ih 101. A majority (tbat'is,
seventy-six members), constitutes 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 la a ciu thereby be enacted, or
other business transacted. If not
less than seventy-six members are
'present, then no busiuess can be
done except to adjouiu 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 who!, number may be, and, 6o
far as Governor and Council are con
cerned, is conclusively presumed to
be valid. They tiave no r'ght to go
behind tlie returns.
Qusl'on 4 s a return by the Al
ilti men of a city which does not give
the number of v..s cast f-.i e"cb per
son voted for as a member of the Leg
islature, and dpes not show. what per
sons were voted for as such members
in any one o' the several wards ofsuch
city, avalid return within therequire
ments ofsuch spction?
Answer We are not sure that we
comprehend the full scope of luis
question. Our answer will meet all
of its supposed purposes, it is imma
terial w hether'the.AIdermeu return
ed to the'Governor and Council the
deta'led vote of each ward separately,
or whether they returned the result
of all the votes uf ail the wards for
each candidate together. Either
mode is a satisfactory manner of
reaching the same result. The sub
stance only is sought for in such mat
ter. Xor is it a material matter that,
instead of returning ali.the names of
persons voted for, there is a return of
votes as scattering ; provided that,
however, such votes may be added, or
substracted, some candidate, or set of
candidates, appear to be chosen by a
plurality of the votes thrown. The
Governor and Council caunot offici
ally know, nor have they the right
to ascertain, that the votes returned
as scattering were not actual ballots
with tlie word "scattering" written
thereon. Xor is the'clection of can
didates to be chosen by a plurality of
the voles to be defeated because the
who'e number of votes or ballots may
be stated erroneously, orfnot stated
at all. The constitution contains no
such requirements, and the statutory
provision requiring it is entirely un
important and inapplicable to cases,
where a plurality of votes elects. It
is a well-settled rule of the construct
ion that, where the general terms of
a statute embrace several subjects,
but are found to be practically appli
cable to some of the subjects, and
not to others, it is to be construed as
embracing those fsubjects on'y to
which it is practically applicable.
Question 5 Are returns from
towns or cities which are not attest
ed by the Town or City Clerk valid
within the same sections ?
Answer Returns from towns and
cities which are not attested by the
Town. Plantation, or City Clerk are
not valid. The attestation ofthe
Clerk Is a prerequisite to any action
of the Governorand Council in count
ing the votes. 68 Muine, 5SS. If,
however, the Clerk should be absent
a Clerk pro tempore chosen or Dep
uty Clerk may be appointed under
the statute of 1877, C. 17, aud the
amendment thereof by the actofl874,
C. 159. The returns of such Clerk pro
tempore or Deputy Clerk are to have
the same force and effect aa If eiened
by the Clerk.
Question 6" Have the Governor and
Counoil the right to reject the returns
of an election of members to the Leg
islature required by the same sec
tion from officers from towns, which
were nut made, signed, or sealed up
in open town meetiug?
Answer The Governor and Coun
cil must act upon the returns for
warded to the Secretary of State-. 1 f
they purport to be made, signed aud
sealed up in open plantation or town
meeting, they constitute the basis of
action of the Canvassing Board. Ko
provision is found in the constitution
or any statute of this State by virtue
of which they would be authorized to
receive evidence to negative the facts
therein set forth. They therefore,
have no such power. The statement
of the municipal officers Is, in that
respect, conclusive.
Question 7 Ts a relurn of two per
sons purporting to be Selectmen of a
town valid and sufficient evidence of
the vote of the town, when it appears
Xhere were at the lime of the meet
ing at which the "electioniWashad
but two Selectmen of that town?
Answer When a majority of the
Selectmen are absent from a meeting
for election purposes, or, being pres
ent, neglect or refuse to act as such,
and to do all the duties required of
them, the votersat such meeting may
choose so many selectmen pro tempo
re as are necessary to complete the
number competent to do the duties.
R. S., C. 4, Sec. 20. Iu case of death
or removal of all the Selectmen, two
would be sufficient aud competent to
act. The inquiry is if thereturu
would be valid when there should be
but two Selectmen at the time of the
meeting at which the election was
held. Jf the other Selectmen had de
ceased prior to the meeting, survivors
might act, and their action would be
legal. But the Canvassing Board are
to be governed by the returns. Evi
dence would not bo admissible to
prove the fact that there were but two
Selectmen of the town. The Govern
or and Council cannot officially know
th ore were 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. Se
lectman, so that his official acts bind
the tow,n,-and are" valid so far as af
fects the public. Such an one would
be an officer de facto, and olothed
with apparent right. His acts would
bind the town. Dane vs. Derby, 54
Me., 9". An officer de faoto is one
who comes into office by color of legal
appointment or election. His acts iu
that capacity areas valid, as far as the
public is concerned, as tlie acts of an
officer de jure. His title cannot be
inquired into collaterally. The Peo
ple vs. Cook, 4 Selden, S9. "Precise
definition of an officer de facto," ob
serves Bigelow, C. J., in Pitchburg
Railroad Company vs. Grand Junc
tion aud Depot Company, 1 Allen,
557, "is one who comes in by forms of
law, and acts under commission or
election apparently valid, but in con
sequence of some illegality, incapaci
ty, or want of qualification is incapa
ble of holding office. Indeed, there
is entire uuauamity of opinion on
this subject In all the States of the
Union where this question hasaiisen,
as well as in the courts of the United
States, but the fact of alienage is not
allowed to be proved. This' was de
termined in the Frenchville case, 64
Maine, 7S9, where it was shown that
the clerk was an alien, who could
neither read nor write the English
language, and where a.'most every
conceivable irregularity existed, yet
the evidence outside of the returns
was held inadmissabie, nor would
such fact have any effect if it appear
ed in any by the return itself.
Question 9 If a ballot has a distin
guishing mark in the judgment of the
Governorand Council, such as would
make it illegal under the statutes,
have, they the authority to disregard
it in their ascertainment of what per
sons appear to be elected, where it ap
pears by the official returns of the of
ficers of the town thai such vote was
received by the Selectmen subject to
their objection, and its legality refer
red to the Governor and Council for
decision ?
Auswer The presiding rfficers are
to determine whether the ballot offer
ed has a distinguishing mark or fig
ure, so that if rejected tlie voter may
procure the ballot if he chooses, to
wihch no exception can be taken, but
if ballots have distinguishing marks
or figures it is no part of the duty of
the officers of the town to make any
report or reference thereto. They
should reject tlie ballot if offered,
where it is within the prohibition of
the statute. The statute prohibits the
rejection of a ballot "after it ia re
ceived into the ballot box." It is then
to be counted. The Governor and
Council have nothing to cio with tr?e
question. Their duty i3 to count the
vote regardless of the fact improperly
set forth In the returns. They are
nowhere constituted a tribunal with
judicial authority to determine what
shall constitutea distinguishing mark
or figure, nor can they legally refuse
to open and count the votes returned.
54 Maine, 692 When a ballot has
been once received in a ballot box,
neither the Selectmen nor Governor
and Council can refuse to count it.
Question 10 If the names of per
sons appearin the return without any
number of votes being stated, carried
out against them either in words or
figures, is it the duty of the Governor
and Council to treat those persons as
having the samo number of votes as
another person received for the same
office, and vrhose name is placed first
in the return, if they find dots uuder
the figures or words set against such
other person's name ?
Answer If little marks or dots are
plaoed under the figures or words of
the first candidate's vote-, returns
should bo counted where it appears
by the letters or figures in the first
line, and by ditto marks or by dots In
the'following lines, that the same
class of candidates received the same
vote. There can be no ground for the
rejection of the word ditto and its ab
breviation "do," and dots or marks
that stand for the word ditto are of
common use, and have a perfectly
well-defined meaning known to per--sons
generally. That meaning should
not be disregarded. We answer the
question in the affirmative.
Question 11 Have the Governor
and Council a legal right to decide
what kind of evidence they will re
ceive, and whatf mode of proceeding
before them shall be to enable them
to determine the genuineness of re
turns required by the article and seo
tion of the constitution above- men
tioned? Answer We assume that the"gen-
uineness of the return" referred to re
lates either to the signatures of the
officers signing or to the alteration of
returns. The Governor aud 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 of
ficers (or some one of them) are not
genuine, or that the return has
been altered after itjwas signed. Then
notice thereof should be given to all
persons interested, and where adjudi
cating upon the facts, the Governor
and Council should be governed in
the admission of evidence by tho es
tablished rules of evidence, iu accord
ance with the law of this State. The
witnesses should be -duly sworn, that
they may be punishable for the crime
of perjury if they willfully and cor
ruptly testify falsely. The Governor
and Council have no right to rejectre
turns for such cause without giving
the parties interested therein a fair
opportunity to be heard. The genu
ineness of the return in these partic
ulars is to be presumed, and this pre
sumption remains until overcome by
evidence produced as before said.
Question 12 If the Governor and
Council have before them two lists of
votes returned from the same town
differing materially from each other
in the number of votes returned as
cast forthe samo person, but identical
in all other respects, both having
been duly received at the Secretary's
office, aud they have no evidence to
enable them to determine which is
the true aud genuine return, are they
required to treat either of them as
valid?
A nswer When two lots of votes are
-eturned to the office of the Secretary
of State by the Clerk of any city,
town, or plantation, and both are du
ly certified, the returnjtfirst received
at the office of the Seoretary must be
the basis of the action of the Govern
or and Council. If defective, or not
a true copy of the record, it can be
corrected or the defects supplied only
In accordaoe with the provisions of
the statute relating thereto. This gov
ernment rests upon tlie great consti
tutional axiom that all power is inhe
rent in the people. "It is a govern
ment of the people, by the people,
aud for the people ;" and, if adminis
tered in the spirit of its founders, "it
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 bis
country men, "by a plain people," and
a "plain people" must administer it.
Tho ballot is the pride aa well as the
protection of all. It is the truest indi
cation of the popular will. The offi
cial returns required from the munic
ipal officers of the several plantations,
towns, and cities are and will be made
by "plain people," and made, too, in
Ihe hurry, aud bustle, and excitement
of an election. They are not required
to be written . with the scrupulous
nicety of the writing-master, nor with
the technical accuracy of a plea in
abatement. Sentences may have been
ungrammatlcal, spelling may deviate
from recognized standards, but re
turns are not brought to uaught be
cause the penmanship may be poor,
the language ungramraatical, or the
spelling erroneous. It is enough if
returns can be understood, and if un
derstood, full effect should be given to
their natural and obvious meaning.
They are not to be strangled by Idle
technicalities, nor is their meaning to
be distorted bv carpingsand captious
criticism. When the meaning is as
certained there should be no. hesita
tion in giving it full effect. The lan
guage of Justice Morton, in Strong,
pet'r, 2 Pick, 4S4, is peculiarly appro
priate to subjects under discussion.
"What," he asks, "shall be the conse
quence of omission by the Selectmen
or Town Clerk to perform any of
these, their prescribed duties, and up
on whom slall it fall?" For willful
neglect of duty officers would un
doubtedly be liable to punishment,
but shall the whole town be disfran
chised by reason of fraud or negli
gence of their officers? This would
be punishing the innocent for the
fraud of the guilty. It would be more
just and more consonant to thegenius
and spirit cf our institutions to inflict
severe penalties upon misconduct, in-
I tentional oraccidental, of officers, but
to receive votes whenever they can be
ascertained with reasonable certainty.
If no return or any imperfect one can
be recived, let it be supplied or cor
VOL. 24-NO. 30.
rected by original record, if any there
be." Returns should be received with
favor and construed with liberality,
for he adds, "from men who usually
are, and necessarily mustbe-. employ
ed to make them, great formality and
nicety cannot be expected, andshould
not be required." The general prin
ciple which governs is, that while
there should be strict coraplianca-with
the provisions of the statute, yet
when they are merely directory such
strict compliance is not essential to
validity of proceedings under such
statutes unless it is so declared to be
therein. This is especially applicable
when the rights of the pubiio or of
third persons are concerned. The
dominant rule is to give such con
struction to official acts of municipal
officers as will best comport with the
meaniug and intention of the parties,
as derived from fair and honest Inter
pretation of the language used; to
sustain rather than to defeat the will
of the people and disfranchise citi
zens. John ArpijETON,
Chari.es W. Walton,
War. G. Barrows,
Ciiari.es Danfortit,
John A. Peters,
Artemas Libbey,
Joseph W. Tymonds,
NEBRASKA.
"Unparalleled Prosperity.
Omaha, Neb., Jan. 2. The annual
report of the Omaha Board of Trade
for 1879 of the commerce of Omaha
and Nebraska shows an unprecedent
ed growth, without a parallel in the
history of this country. The grain
importation for the State in the past
twenty-five years equals 1.000 per
cent. The railroad mileage for the
past year increased more thaD 40 per
cent., with many new lines projected
for the coming year. Looking for
ward with the present ratio of prog
ress, which is fully substantiated by
official statistics, a clear comprehen
sion of the future of Nebraska may be
gained when it is stated that this
young commonwealth covers an area
of upward of 4S.000.000 acres of land,
of which not to exceed 4,000,000 acres
are under actual cultivation. Of this
vast body of land it is estimated that
upwards of 3,000,000 acres are suscept
ible of immediate and the highest
cultivation for all fruits and cereals of
the temperate zone. Since 1874 the
grain product of the State has grown
from 10 000 000 bushels to 100,000.000
bushels in 1S79, taking as a basis the
estimates at the Agricultural Depart
ment at Washington. Iu this connec
tion is noted the marvelous increase
of over 20,000 000 bushels in 1879 over
the product of 1S7S.
By the same authority the increase
In live stock is stated to be in the ratio
of from 50 to 60 per cent, annually.
The report of the swine crop of 1S78
shows 600,000 head, as oompared with
295,000 the previous year. The popu
lation of Nebraska has increased from
4,500 iu 1855. to 500,000 in 1879, the in
crease in the past year being fully
100.000. The expansion of population,
wealth, industries, and agriculture,
the development of internal improve
ments, manufactories, and railways
all give to Nebraska the lead in the
list of states in the Union, showing a
greater ratio of increase in these
branches than iu any other section.
The ratio of progress in civilization
has been greater during the decade
just closed than in any portion uf the
world of the same extent.
NEMAHA COUNTY.
as this paper will be sent to many
people who think of moving to Ne
braska, we will briefly refer to some
of the advantages offered to immi
grants iu this part of the State.
Nemaha county Is situate in the
southeast portion of the State, on the
Missouri river, twenty-four miles
from the line dividing the States of
Kansas and Nebraska. Thus located
we have the most agreeable climate
in the State, and as the country grows
in age the climate becomes more geni
el and sudden changes in the weather
less frequent. Snow falls are not
great. Some winters we have frequent
light snows which soon melt away;
other winters we have scarcely anj
snow, and this winter, to date, there
has not been enough to well cover the
ground. Our rainfalls are bountiful
and seasonable; and in years when
other portions of the State and the
West have suffered failures of crops
on account of drouth, this county has
been blessed with rains and good
crops. During a residence here of
twenty-two years the writer hereof
has seen but one failure of the corn
crop attributable to drouth ; and even
that year abundance was raised for
home use. We have had experience
in climates north, south aud east of
this, aud we can assure our readers
that the climate in Nemaha County
is the best we have ever seen.
The soil in this county, as we have
already indicated, is unsurpassed for
fertility and productiveness. Of
grain, corn is the "principal product,
wheat next: the average yield per
acre, 50 bushels of the former and 15
to 30 of the latter, depending on kind
quality and cultivation. Other cereals
oats, barley, rye, buckwheat, etc.,
are good oropa. Of course, soil that
will produce corn will bring forth all
kinds of roots and vegetables in
abundance.
And of fruit who Indeed, has not
heard of Nemaha County? At Na
tional pomological fairs Nebraska ap
ples took the first premium; and Ne-
matia takes the banner from all hermatters relating to religion, politicl
a.. .. ...i
wormy sister gouuwea ma contest. lor
T.C'KAaJUr' "
FAIRBROTHER & -DAOKEaC
Publishers fc Proprietors. '
ADVERTISING R.TES.
Onelnch.one year , . .
Each succeeding inch, per year-
One Inch, per month.
10Q
' . 5Q
Each additional Inch, per Kouto.
Legal advertisements at legal rates- 0ne8qnaret
nnlIncranrVAnn.r.11 n, lueA.t ftit..tAH f'
eacbsnb8eqnentlnsertion.50c. j "
jK3 All transient advertisements must be pa! '
forln advance.
OFFICIAL PAPER OFTnECOUJfTY.
5.'
pre-eminence in fruit exhibits Wo
have many orchards andnurserjea.ofr
the first order. . ,,
To recapitulate: Climate, agricul
ture, horticulture, in these three
Nemaha stands in the frontline.
But one of the greatest blessings Is
good water, and this county haa plen
ty of Mie best springs, wella, and liv
ing streams and brooklet8fc The Lit
tle Nemaha river runs through the-.
county from the northwest, emptying,
into the Missouri river near the south-
east aorner of the county,. On thla
stream, within the county, are. sis
first-class flouring mills, viz: K
Skeen's, F. E. Allen's. Homewood fc,
Skeen's, Hallem & Huddart's, Wm.
Starr's, and Joseph Thompson's;
ail doing good business and making
excellent flour.
Therefore, this beinga corn- country,
with abundance of water, it Is adapt
ed to stock raising.and our farmers
are uoted our stock buyerssay for
furnishing Chicago with the beshogs
shipped to that marked And here '
we will diverge, by referring our read
ers of the East and South, to the re
port of Mr. Bailey, in another col
umn, of the number of hogs he has
shipped during the year '79, and
amount of cash paid for tbem His
report shows well, yet, he is only one
of several stock merchants in this
city and county.
This is a prairie country beautiful
rolling prairie yet in this county we
have abundanco of wood for fuelvand
more than we had twenty years ago,
for the innumerable forests planted
by thrifty farmers twenty years ogo
are now trees that furnish cord wood,
rail cuts and saw logs.
Stone quarries we have, apparently
inexhaustible, furnishing; building
stone of the best quality.
There are no Government lands in J
this county for homesteading or pre-
erupting; but the best wild land or
improved can be bought exceedingly
cheap. And people seeking homes iu
the great West, who do not desire to
start anew amid the disadvantages
and hardships incident to homestead
ing on the frontiers, should see Ne
maha County before they permanent
ly locate.
Here we have the advantages of the
bestjof schools, and school houses al
ready built in every school dlstriot In
the county, and churches and church
buildings, of every denomination, in
the towns, and many in the country.
Of the towns in this county, there "
are several prosperous and growing.
Brownville is the county seat, loca
ted on the Missouri river, central
north and south ; contains a popula
tion of about 2,000, and is wll sup
plied with merchants, grocers, all
sorts of tradesmen and professionals.
Has nearly everything but manufac
tories, which she wants and needs,
and offers big inducements for their
establishment here.
Sheridan is a new town 'situated
about the geographical center of the
county, ten miles west from Brown
ville, on the Nemaha river; has a
most lovely townsite ; Is a pood busi
ness point ; contains about 300 inhab
itants, and by virtue of these things,
especially her location, aspires to be
some day the shire town of the
county.
Peru is a steady old town 8 miles
above Brownville, on the river. The
State Normal school Is located here,
and for this reason is a desirable place
to locate, especially for parents who
have children to educate. Peru has
about 1,000 inhabitants.
Nemaha City, located 5 miles below
Brownville at the junction of the
Little Nemaha with the Missouri riv
er, Is a town of about 400 population,
and rapidly growing. It is now the
southern terminus of the Nebraska
Railway, which Is owned by the B. &
M. railroad company; and since the
roadjias reached there, has Improved
wonderfully. Nemaha is tho great
corn depot of southeastern Nebraska
and is one of the best points in the
State for any one to locate to do auy
kind of business; for as yet the
country is ahead of the town, and
nearly ail branches of business or
trades, are iu demand.
Reader, Nebraska is truly a great
and wonderful State; when you visit
her, you will fail to see the beat, if
you neglect to visit, what the editor of
the Omaha Herald says is the "Gar
den County."
For auy further information, re
garding prices of lands, farms, town
property, business wants, or induce
ments, or any other matter, parties
addressing William H. Hoorerk clerk
of the court and land agent; or Ex
Gov. R. W. Furnas, Brownville, Neb.,
will be promptly answered.
Truth and Honor.
Query : What is the best family
medicine in the world tu regulate the
bowels, purify the blood, remove cos
tiveness aud biliousness, aid digestion
aud tone up the whole system ? Truth
aud honor compels us to answer.
Hop Bitters, being pure, perfect and
harmless See another column. Zo
ledo Blade.
A saloon-keeper having started
business in a place whore trunks had
been made, asked a friend what he
had better do with the old sign,
"Trunk Factory." "Oh," said the
friend, "just change the 'T' to a 'D,'
and it will suit you exactly,"
Thurlow Weed was elghty-on
years-old Saturday week. His healt
is remarkably good, and he contin-
ues to take a lively interest In &
aruj tne ejocjj market.
'i
a3 jbt I
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mnKmynmw . STfE !
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