New-York tribune., 1876-11-22
For Presil ent, Is.
Trying TO GAIN VO7E IN VERMONT.
pEMocRATIc PROTEST AGAINST soLLACEs ELECTION
IT is OyHRRULED.

DEMOCRATIC PROTEST AGAINST sOLLACEs ELhoiioN
1T is OyRRRULED.
MoNrprIIrR. VT. Nov. 21.-Under the Con-
stuon the county clerks met to-day to canvass lhe
VOTES for electors G. c. shurte OF Montpelier In be-
half OF the Democrats declared that Mr. soace hepuo
can) ineligible elector and that the Vo'eS cast
for him were void, and that the man having the next
highest number OF votes was elected lie Proceedod 10
ce cases TO support his view. He stated that English
common law declared the next highest elected ana
that our Constitution adopts the common law rs TAR
"a not remcnant TO law and that this is not so re-
pugnant He admitted that there was no precedent III
Vermont law. He wOuld ask, nrst to show by PROOF
That soace was postmaster at the time OF the eloco
second that the certify the facts to the
Secretary of state in order that they can be taken To he
Supreme Court third that the board declare four eecod
and that tho next highest is elected he stated that
authorities declared the cast for the ineligible can
ddate were the as blank votes.
FR WOODBRIDGE appeared for the Republicans. lie
said the current OF the authorities Ia contrary 10 tue
claim Of either side. He declared the functions o. the
board to be ministerial judicial and said the law OF
Vermont pointed out the way OF filing vacancy IN the
Electoral College He claimed that it did not nvadate
the votes as persons might vote for minor. and the
votes would not illegal, but the Office would not be
filed. But the board must count the votes The board
cannot 20 back Of that certificate, and to make any
addition TO the certificate is outside OF the line OF the
duty Of the board.
Mr.. W. c. French of Woodstock followed Mr.. Wood
bridge in the same line OF argument claiming That the
board has no jurisdiction in regard the eligibility OF
any person
BF Fheld United States Distric-Attorney, followed
in an elaborate argument IN regard To the question OF
whether votes fer solace the same as blanks. He
claimed that the board had no JurisdicOn the board
could not know lie postmaster, as the board could
not receive evidence and its duties purely mlniste
IA f1uff fn.f.u "A var afg
claimed that. under the decision by AtorneyGenerai
Taft, the remaining electors could oil the vacancy.
Mr.. shurtlen then closed for the Democrats He
claimed that the board In this state vested with
judicial powers by Sec. 62, Chap OF the statute lie
claimed that the statute does not say determine such
certificates rs legal Illegal" bnt says otes' not
certificates and to attempt 10 make any such construc
tion would be doing violence 10 the English language
He filed the following protest.
To he Board Of NJ me roies for electors ~
PresidtH and Wee President NJ the United States yOr
The undersigned respectfully request that you report
TO the Secretary Of State and 70 the Governor OF ms
Stale officially, that Henry ~ soilace one o. tue cA,Il
dates for ecctor the time of such election ON the
7th day of November 1876. holding tie office oi post
against your declaring the said Henry " soace elected
according tO the Constitution OF the United states We
further request you to decAre the person having the
President and VcePresident OF the United States, aud
certify the same to the Governor witn the nun er o
votes ne received AMOS AIDlltl,
Montpelier, Nov 81, 1876. GEORGE NJ FISK.
The Board adjourned 10 O'Clock p. m.
On rcassembllng John B. Hale, County Clerk for Ben
nington County, offered the following resolution:
ResOlred That this Board Of Canvassers OF opinion
that ther powers siGpy ministerial aud that their
duties already defined by the statutes OF this STATE
aud they therefore decline TO hear or receive evidence
outside of the certificate Of votes by the proper authOn
ties. Adopted.
II is stated by the counsel for the contesting eecor
they propose apply for injunction upon the ac
On OF the board from the state Supreme Court on the
ground that the board Illegal act In declaring
sOlace elected regardless OF his negiby. The innnc
ton will be applied tor at the January term of the SUI
premc Court in Ctendsn County No injunction can Dr
obtained from Judge smaley, the United states District
Judge, as the case IL not within bis jurisdiction.