The New York herald., 1876-11-22
VERMONT.

MEETING or THR STATE EoARD OF CANVASS
EIs--THEY REFUSE 10 RECEIVE EVIDENCE
BEYOND TEE TOWN ELtCTIoN cERTIIIcATEs-
TIKI oBJEcTlox 10 POSTMASTER soLLAcE A
\ PkEslDExT1AL xLEcToR FRuITLxss.
[Rx TEesGRAPH TO The HxRALD.l
MONTPELIER Nov. 21 1870
The proceedings OF the county clerks who wcro in
here at the State House. for the purpose
OF canvsssng the votes Tor Presacniai eectors
OF the highest importance and attended by rcspecta
bio audience, consisting OF leading members Of the
General Court and prominent OF the Stale OF both
parties. and representatives Of tho prominent New
York and Boston papers The Board Of fCanvassers
called order half past o'clock this forenoon by
John v. Hall, OF Bennington, who called the roll Of
members OF tho Board, when II was ascsrtained
that the several county clerks were present. excepting
the clerk Of Chittenden county, who, bcing sick.
represented by deputy. The oath OF Office, as 70.
qulrcd by the statute then administered the
members OF the Board, whereupon Hon. Royal Tyler,
Of Bratslcboro', was chosen Chairman.
s. C. shurticH. OF Montpelier. desired hearing be-
forc tho Board relation tho Sollacc case auc on
motion Of NJ. Hall, counsel was permitted TO nd
dress the Board. The speaker, AFTER al.
ludlng 10 the matter IN dispute as q ma
t,onai question OF great Importance said
Board Of Canvasscrs simply ministerial body or
whether 1. held auxiliary powers the declaration
Of what electors were chosen by the people. After
quoting IRON sections 60 and ~ III chapter OF the
General Statutes he contcndcd that IL their duty
to determine what arc legal and illegal votes.
As regards tho eligibility OF Mr. Solaco
as Nh eector they should obtuin all the in
formation In their power. Tho speaker
PREPARED 70 show that Mr.. So!iaco was postmaster
Of Brdpors at tho timo OF the Prosidensal clecIon
and therefore he could not be declared elected. Even
though the State statute declares that the vc c.ndi
dates having the highest votes shall DO declared
elected thore hgner law than this for tho con-
s,ution OF United statos expressly provides shat
mo person holding any ohco OF truss or profit under
the United States shall be AN elec,or" The mere
suggestion to tho Board should lead snom
10 inquire INTO the iac:s In this Il
$was their duty TO ascertain II Sollaco was
ineligible Here MI. shurtcr quoted largely from the
cusc Of The People against Nute (50Ih Now York Rc-
ports), where the Court OF Appeals decided that III
occr resigned after election but boorc tho
were counted and the result declared, he elig
Bile" He also cited legislative precedents and
English decisions 10 support this argument Tho
speaker thcn raised the point thst Soace being ne
gble the person having tho next highest number OF
votes should be declared elected, and spoke OF the
practice IN tho joint Assembly Alter several other
technical points raised by MI ShurtleG the speaker
closed.
THE REPUBLICAN SIDE or THE CASE.
Hon. y. T. Woodbridge followed in behalf Of the re-
publican Presidential clcctor elect Ar. Woodbridge
made very forc,ble arsumcnt clearly defining the du
tics OF the Canvassing Board Mr. Woodbridge con-
sendcd that the duties OF the Board only
rial and that beyond these functions the Board had
power decide; all they had 10 do mako
their returns TO the proper state officers
The vo persons receiving Tho highest number Of votss
and here their duties ended.
Hon. Warren G. French, of Woodstock, followed In
brief argument and advanced the sheorios ex-
pressed by Mr.. Woodbridge.
Hon. b. y. EiGcd, United States District Attorney
then took up tho argument and for over half hour
clearly and conciscly defined tho dutios Of tho
Board OF Canvasscrs Mr. Flfeld cited from numerous
legal authorities TO sustain him in the position no
took upon this most Important question. His argu-
nent received marked attention from tho many prom
nent legal gentlemen present
DEMOCRATIC pRoTRsr,
Alter the speaker closed Mr. ShurtlcT lied with the
Board OF Canvassors the following protcst:--
70 TINS BOARD ov cAxvAssERs or THE VOTES ron
ELEcroRs or PRESIDENT PRESIDENT OF THE
UNITED STATES vgRMvAT. xow II
sKsslox:-
rho undersigned respectfully request that you re-
port 70 tho Secretary Of State and tho Governor OF
vi tho candidates Tor clcctor, was, ~ tho
ttmo VI such election On tho 1Sh day VI Novembor