Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1876-11-22

cer. They had no judicial powers lie aLo
cited other important cases bearing on this point
from Missouri Michigan, New York New jersey
Maine, Massachusetts, Illinois and Pennsylvania
Reports, showing that throughout the Nortl ern
states there was but one view concerning the
powers Of Canvassing Boards But latterly, and
thank Heaven II is so, in the states Of Louisiana,
Florida and South Carolina, on account Of gross
ou,rages upon the rights Of the colored voter Il
Returning Boards have been given discretionary
aud judicial powers, in order to properly reject
votes where the blacks had been intinidated
In answer to an inquiry from Governor Ilnck-
ley, Mr. FiGeld said that II the Board found GER
tGcates Of votes totally defective they could re-
iect them, but II the evidence was sufficient to
show that the spirit u the law had not been ,io-
lated, then they should be admitted Mr. Fheld
then argued that when the Board have asccrtained
that five men have bsen chosen electors, and sn
Informed the Governor they should not say that
MIR Aldrch has received any votes Their dutS
is simply TO publicly canvass the returns and de
clare the five men elected having the highest
number OF votes cast They were to certify In
their returns 10 the Secretary Of State what num-
Der Of votes, and for whom they have been cast
The Governor Is only 10 be notified who aie
elected This is all that lies In the province oi
the board As to the proposition Of Mr.. Shurtlen
to refer this question to the supreme Cont, 1t h.
evident he wants II decided 50 as To choose q mi
nority elector But it il impossible at this time
to get at the court but II it were possible, then
| the argument would he that contained In Atinf.
ney-Geueml Tait's opinion that the inclgiblity OF
| Sollace only created vacancy which could hc
! filled by the cectors according 10 state law But
| IL was not the business Of the Board 70 assist in
bringing this question before the courts A. be-
fore argued, they were simply ministerial officer
and must pursue the exact line Of their duty, else
they were all aiioat Mr Fideld furcihly CLOSED
his able argument by say ing, The will of the
people cannot and will not be defeated by any
machinery hut the five votes Of Vermont will be
given to the Republican candidates as the people
intended.
Nn sHrRrLEFr
made a brief reioinder to the arguments Of the
Republican lawyers, rccapituatng the points
made in his opening speech, and asked that the
Board certify to the Secretary Of State what votes
actually cast are legal Illegal, that there ma,
be something on record which Congress could find
If il Investigated the election lie closed by sub
hitting the following
PROTEST
IT, ne board ~ cmrlfers ~ hs rofeil.r Eie.iori e
preadpf and Wee Pfcfidsnf affhe tsnsi siass f,,
ne state ~ reraoHf, noe To- fssfiaH
The undersigned respectfully requests that you report t'
the secretary of State and 90 The Governor u this stat.
officially, that H. y. sollace. % the candidate Tor
tors a. the time Of such election The 5ti day Of W
yemhef 1916 holding the ONCE 81 postmaster ~ bfilon
s state, and protest against your declaring ho said
u - sollnce elected appointed elecof for the
that be BE- ineligible according to the Constitution o The
, | United su,tes
We further request YOU TO docsr. the prf-on having 10,
next highest number Of votes duly elected EecnT OF
President and President II the United States AMI
The 20 the Governor with The number Of votes he
received. AMOS ALnRcu,
GroKoI VI. FisE
Norlhed. So,enlef llst l-it
The discussion OF the important points INVOLVE
in the case was exceedingly interesting, an,
though Mr. Shureff made as good a showing 90
he could for the claims Of his party yet ii Wa
the verdict Of al fair-minded listeners that hi
prctensions were completely o,crthrown 10y III,
sound logic Of Ne-sr.. Ffeld, Woodbridge an,
French
The Board adjourned until twoo'cio,k , NJ