Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-07-28
The Uousc Contested Election.

THE CASE OF GooDE AND PLATT OF 'ino'-',
IN IMPORTANT PRINCIPLE IN Ia" IN
vo,vrn-A APPEALS 70 DEMOCRATIC MEN
,vys IN OPPOSE MAJORITY OF THE
ELECTORS.
A snecial despatch to the New York 1"'es
saws that the Virginia election case y,
Piatt against Goode will come before the HOUSE
this week, unless the repeal OF the kesunP-
ton act should be introduced and obtain the .,s
nrecedence for consideration. The case Will
give the Democratic majority another oPpor-
tunity to show how far they can rise above
the plane of mere partizanship. There never
was a clearer case before the House, at least
there has been no clearer case this session,
and vet a minority of the committee all
Democrats, are making the most strenuous
efforts, by personal appeals to their ieilow-
Democrats, to secure the adoption oil the MI
norlty report, which would confirm Goode IN
a seat wrongfully held by him. The case Is
rather long and yOluminous, but the decision
by the House involves action upon very
narrow and briefly stated question raised by
the following facts The minority OF the
committee reject from the canvass of votes
the ballots in Rives and Bland Townships, IN
Prince George county, which, if counted,
give the election to Platt, even after allow
ing that all the remainder of the decisions OF
the minority are just and proper. The whole
case. therefore, turns upon the counting OF
the rejecting of these two townships. Inc
minority reject these votes because the bal
lots. instead of being sealed, as the law
directs, by the judges of election, OF whom
one conveys them to the County Court
Clerk. were in one case sewed up in paper
bag. and in the other locked in box. They
were secured in this manner because no wax
or mucilage, or even flour, for making paste,
was to be found when the counting OF the
ballots ended. The testimony shows that
the election was fairly conducted in both
townships; that the judges Of Election were
nearly all Democrats, and that the returns
were conveyed to the County Clerk by De-
mocrats, one of whom indeed swOre that he
would be rejoiced if by any error of his,
Goode should get the seat instead OF
Platt lie supposed, however, he was
complying with the law. There was, IN
fact, no irreguIarity whatever in respect to
the kind of fastening of the packages IN
which the ballots were carried TO the County
Clerk. These townships, Riyes and Bland,
gave Platt COL votes, and GOode 1913. The
well-settled and Just principle of law which
decides all such questions as that here raised
is, that Irregularities which do not tend to
affect or change results are not to defeat the
will of the majority of electors; and yet the
minority of the committee declare that the
law is mandatory instead of directory which
requires the ballots to be sealed, and throw
out the votes which, if counted, give the
seat to Platt Two Democrats on the com
mittee, Thompson and House, were. manly
enough to stand by the true principle. The
case is important less on account OF the per-
sons involved, or party ends to be served.
than because it Is a test case on an In
portant principle of law. For if the mere
mistake of judges. or managers OF elections,
Il 10 cheat majority out OF Its Will,
while at the same time the person who
makes the mistake goes unpunlshed, the
possibility of election frauds i enormously
increased. The party in power, under such
laws as exist in Virginia, could defeat any
candidate of any party. There are many
interesting facts connected with this election
contest, but the above statement covers all
that is unusually important. 1t may be
stated. however, that the committee Is
unanimous in the opinion that the certih-
cate of election should have been given TO
Platt, and that he should have been the
sitting member instead Of Goode and on
this ground Mr.. Harris. chairman Of the |
says privately he Is willing to
vote a very liberal compensation to Platt
but the latter Is not claiming compensa-
ton as a contestant, but rather the seat in |
the House to which he was elected. and /
the compensation that belongs to him as a
member