Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-11-24
The Vote OfIeTHCnt.


Addison CONTRIBUTES Wainwright.
Bennington County-John V. Hall.
Caledonia Couniy-Andrew L. Rankin.
Chittenden County-A. Ii. Blair.
Essex C0unty-Chares E. Benton.
Franklin County-Wibur =. Davis.
Grand Isle County-R. L. Hathaway.
Lamoille Couuty-W. II. ii kenield.
Orange County-Lyman q. Hinkley.
Orleans C0unty-lsaac y. Cushman.
Rutland Cuunty-llonry Ii. Smith
Washington C0unty-Melville + Smile.
Windham County-Royal Tyler.
Windsor County-George d. French.
Deputy county clerk a. Il. Blair, was
present from Chitterden county, in place
Of county clerk A j Howard. who was
unable to attend in CONSEQUENCE Of serious
illness. The clerks organized as Board of
Canvassers, by the choice Of Judge Royal
Tyler, of Windham county, as chairman.
Tie oath to the faithful discharge Of their
duties was daily administered.
Being ready to proceed 70 business, ). c.
Shurtlof. E=q.. Ct Montpelier. appeared
before the board. and presented the follow
irg paper:
TIE DEMOCRATIC PROTEST.
10 the Board Of Canvassers of the votes for
Electors Of President ard Nice-Presi-
dent of the nited States, for the State
Of Vermont, now IN session:
VIC, the undersigned, respectfully request
that YOU report to the Secretary Of STATE.
and to the Governor of this STATE CficIally.
that H. \ Sollace, one ofthe candidates for
E.ector. was at the time of such election, on
the 7lh day Of November, 1876, holding
the Office of Postmaster at Bri1port, in this
State, and We protest against you declaring
the said II. y. SJllace elected or appointed
an Eect0r for the reason that be Is Ineligible
according TO the Constitution Of the United
States.
We further request you to declare the
person having the next highest number OF
votes duly elected as an E.ect0r Of President
and lice-President Of the United States,
and certify the same to the Governor, with
the NUM- TT Of vltls be received.
AMOS ALDRICH.
GE). NJ. FIX.
Montpelier, Nov. u, lo76.
Mir. Shurtlclf briefly argued the points Ct
the case, claiming that the fact that Mr..
Sollace was q postmaster was matter Of
common notorie;y, and not denied; that he
was consequently ineligible; that they
therefore could not declare him elected
and that if they declared any one elected
from the First District, it must be the one
having the next highest number of votes,
understood to be Mr.. Aldrich lie asked
| the clerks to hear testimony that Nr. Sol
/ lace was postmaster. and to certify the
] facts to the Governor IN order that he could
/ ask decision of the Supreme Court and
| have the question settled. lie admitted that
/ there was no precedent foT tins in the Yer
mont law.
Hon + E. Woodbridge replied lie
read the statute in reference to the duties
| Of the clerks. and said it was clear that
/ their duties were purely ministerial. The
argument addressed to them, however able.
/ had no force, because they could not enter
/ tain it in any judicial capacity. Their
/ duties were prescribed and they could not
exceed the limit of the statute. They were
here to canvass these votes and make the
proper return, no more, no less.
". c. French, ESD, of Woodstock. i1l-
I lowed, arguing that the questions present.
ed in regard to the eligibility Of a candl-
date were wholly beyond the province OF
the Board
b. F. Flfeld, Ed, said that under the
view of this case presented by Mr.. Shurtleh /.
it would be a possible case that candidate
having all but half a dozen of the votes
should be declared not elected, and the cleo
ton given to the man who had but the half
dozen votes. There was no question
before them except as to what were
! their duties under the statute. They had
no evidence that Mr.. SOllace was post
master, and no evidence could be presented
] ~ ~ .b1xrt of a-
/ in any judicial capacity. lie read the deci-
sion of a court of Missouri that the duties
of boards Of canvassers were simply minis
terial, and that it was usurpation for them
to undertake to sit judieially upon such cases.
He cited numerous concurrent decisions IN
numerous States This is the law through
out the North. The only exceptions are in
the Southern States, Is in South Carolina,
Florida and Louisiana, where SPECIAL au-
thOrity has been conferred upon returning
boards. 10 meet special emergencies. The
duty of this board was to canvass these
certificates Of votes cast for electors. and to
declare the persons having the highest
number of votes elected and thus to carry
into effect the will Of the people.
Mr. Shurtletf rejoined briefly, tina the
G2nd section of chapter As, General Stat
utes. directing clerks to dsSi nate such
votes as they may deem legal and such as
they NAV deem illegal, gave the Board
some judicial authority. The question OF
eligibility. no admitted, was one for the
courts to settle. Being asked if heconsd-
cred a vote cast for an ineligible person an
illegal vote" he could not say that he
did.
MIR. Fifeld said section -. referred to
tho duties OF the individual clerks and not
t. their DUTY As Board of Canvassers.