The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1876-09-09

Ing committee 10 &c appointed ny tne Beh-
eral assembly; and that committee Is sim
ply to examine the certificate and ascertain
thercfrom who has been elected, and re-
port the same to the general assembly, the |
governor being required to commission the |
person SO declared to be elected.
BY the constitution and laws, then. the |
board of civil authority and the presiding |
officer exhaust their powers with the close
the met ting. Their acts-the canvass OF
the vot ss. and the making aud sealing of
the certifcate-must be done ''in open
meeiipg," aud not elsewhere. The can
wasting committee of the general assembly
have only to examine the certificates aud
ascertain therefrom not from any other
source-who is elected and the general
assembly has nothing to do with the mat
ter except in case of tie vote, when it
must elect one Of the persons go receiving
an equal snumber of votes. Proceeding,
then, according to the constitution and
laws, the three persons named were entitled
to be certified as elected; the caDvaesipg
committee must so declare; the governor
must commission them accordingly; and If
an error was made it can be corrected only
by quo aoarranto. This we say would ne
cess8rly result from strict construction
of the constitution and laws. The practice,
however, has varied from the requirement
of the constitution and laws.
But it appears that no certificate was
male sin oren meeting" and that upon a
recanvass of the votes, Thursday, it was
discovered that an error had been made in
adding up the tally lists, and that a correct
canvass of the votes would show the cleo
ticn Of James NJ Putnam instead of II. G.
Thral. The legislature has made q pre-
cedent in such cases; one which, notwith-
standing It conflicts with the constitution
and laws, does substantial justice, gives
full effect to the actual legal votes cast,
and will, undoubtedly, be followed in this
case. In 1874, count was made in YER
cennes, sin open meeting" but no certifi-
cate made; on the contrary, the votes were
carried to the city clerks office, recounted
the next day, and certificate there made,
the number of votes shown by the GER
=" tiflcstos not agreeing with the number
" found by count in open meeting" These
facts were found by the cauvassing CON-
mittee, reported to the general assembly,
and the list of justices so certified, were
declared elected. This is parallel case to
that of James NJ. Putnam, and will, doubt
less, govern in its determination.
The cases of Gilmore and Leonard presen,
another question. 1t appears or at least
it is SO stated, that there is no such person
as William h. Gilmore, but there is such Q
person as William Gilmore, and, also, Will
r. Gilmore. This case would scem to be
plain enough, ana would seem to leave nc
question as to the legal election of William
Gilmore. II was, unqueslionably, the in
ten ion to vote for William Gilmore, bui
aside from the matter of intention, it has
been repeatedly decided, not only by the
supreme court of the Uuited States, bnt
by The courts of last resort in individual
states, that the law recognizes but ont
christian name to man, and, therefore
th4t the insertion or omission of le,te
designating a middle name is Of no conse
quence. In other words that vote TO
William Il. Gilmore or William X. Gil
more is good vote for William Gilmore
and rice rerS7
The case of Leonard Is still different. l
is SAID, and probably correctly 80, tina
i, there is no such person in Rutland as JohI
e Leonard, but that there is,such an one a
Joseph E. Leonard, and that he is the onl
j. h. Leonard in town. 1t i, upquestion
able, then, that Joseph L. Leonard was tn
person intended to be voted for-was h
elected? Here, too, the general as,embl
has established a precedent. In 1872,
appeared from the returns made to the car
vassny comm ttee of the general assembl
that James M. Fisher was elected hg
bailiff of Washington county but the con
mittee reported that there was no sue
man In the county; that John M. Fishe
was the person nominated, and was tn
only candidate by the name of Fisher bt
Il fore the people and that the mistake wa
: made in printing the tickets. The con
= mittee decided, and the general assembl
Il concurred therein, that the "intention {
y "the voter is the guiding principle in d,
"termining questions of this character
that they bad the right to receive evidenC
outside of the ballot in order to ascertai
+. that Intention, and that, although he di
q not receive a single vote, John NJ. Fish,
+ was duly elected high bailff - an
i he was commissioned accordingly. If II
- general assembly was right in this actiol
# then it follows that Joseph E. Leonard wi
r justice of the peace.
p 1t must be borne in mind that the boar
N of civil authority, or the presiding of1lc
N of the freemen's meeting, has nothing
,s do with determining who are elected ju
it tees of the peace. Their simple duty is
10 sort, count and certify to the votes. II
10 canvassing committee Of the general q
If semby declare the result from the cert
e. cates-and, if they follow the preceden
10 cited, will declare the legal election
: James Nj. Putnam, William Gilmore, al
>. Joseph Z. Leonard. The manifest int
70 tion of the voters will thus fud expression
II but wouldn't it be an excellent idea f
primary meetings and voters generally
in ascertain the actual names of candidates
~ aud for boards of civil authority and pr
10 siding officers of freemen's meetings to
at trille more careful in canvassing vote
ly and be little more particular in followiI
r. the directions of the constitution and law
he |
Comparative Election Returns.
The following is The vote of Benningtt
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