The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1876-09-13

been MADE, until TWO hours hlteI tue leouu
of the election CT town representative had
been ascertained and declared-the count
ing of the votes for town representative
commencing at three o'clock, and the de-
clalation bling made Immediately there
after 90 that second ballot may be taken
if necessary while the box for the recep-
tion of votes for representative in congress
cannot be opened until five o'clock.
Further, we take it that the designation
on the vote "For town representative, or
/" For representative in congress, may be
treated a, mere surpussagc, and rejected,
the vote being counted the same as If it
contained no such designation. This will
be seen from the fact that while the statute
requires that in voting for state and county
officers, the vote shall contain 'the name
" of the person he would elect, designating
" the offices intended for the persons voted
Z" for !" while for town representative and
representative in congress, it is only re-
CURED that the ballot shall contain
" the name of the person whom he would
" elect"
The question was up incidentally, in
1916, in contested election case from
Pownal, and the committee of the general
assembly, in considering for whom a GER
tain citizen voted, cay that ''it is wholly
"unimportant if it was not put in the town
"boX"-that is, if it were put in the con-
gross box, it has nothing to do with de-
tcrmining the question who was elected
town representative. But a5 the house
took no particular action on this part of
the report, the contest being decided on
other and different grounds, this can only
be taken as an expression of opinion on
the part of the committee, and not as FORM
ing pfccc lent.
In 1863. the question again cane up IN
the general assembly in the case of con-
test from the town of Bridgewatsr. One
G. 3. Carpenter was returned ~ elected
by ore majority but, on counting the con-
gressional vote. four votes we're found for
his opponent, each containing the desgna-
ton "For town representative which, if
they had been counted, would have defeat
cd an election. These facts were found by
the committee on election, and, without
expressing an opinion thereon, reported to
the house. The report was accompanied
by resolution, Gin order to test the sense
- of tie house, declaring that, inasmuch
as Carpenter odd rot receive majority
- Of all the votes given for towu represent
"atiye," lie was not duly elected, and was
not entitled to his seat. The resolution
was rejected without u DIVISION and Car.
| penter retained his seat. This, We take it,
is an authoritative expression that votes
| placed 10y mistake in the congress box are
not to be counted for town representative.
On the other side, it may be stated tina,
the question agan came up, in 1868, in 6
contested election from Vershre, where 6
committee of the geaeral assembly reported
that votes in the congress box were prop
erly counted, inasmuch as they designate!
tha. they were given for town represent
alive; but the contest being deter
miuel on other grounds, the, question was
not passed upon by the general assembly
At the municipal eleoy.on in Burlington
last spring, as we are informed, in count
ing the votes for alderman in one of tbt
wards, certain person was declared duly
elected but, in subsequently counting
the votes in the mayor box, votes 'for al
"derman" were found which, being count
ed, gave the majority to his opponent
who was declared duly elected and now
holds his seat az alderman. If the fact.
are correctly srated, it can hardly be taker
as precedent for the case we are consider
ing, because there is very marked dis
linctlon in the statutes relative to sucl
eections-the laws require separate boxes
for town representatives., representative
ia congress, etc., while the charter of Bur
liugton does not require separate boxes fo
votes for mayor ald alderman.
1t may, also, be urged that the intention
of the voter is expressed by his vote, nj
matter where it msy be deposited, and tina
such intention ought to govern; and tina
It would be grossly unfair to allow TIT
carelessness or blunder of the inspector Il
deprive citizen of his right to vote, Blu
to this It may be replied, that unless thu
laws are complied with, 1t is of no use t
have laws, and that the ballot might a
we'll be done away with at once. And t
this 1t can be replied, that where lega
vote has been improperly rejected, the gen
era assembly have, time and again. cor
rected the error by counting the vote TO
the person for whom it would have BEEF
given the same as if it had been actuall
and legally cast.
And SO we might 60 on, giving reasons
pro and con, and still leave the matter il
doubt 1t is in the power of the genera
assembly to prevent the recurrence of sucl
mistakes in the future, by providing, s
far as they have the power, that the vote
for all of these officers shall be containe
"a one aud the same ballot. Until this l
done these mistakes will continue to occur
and the people will never know how tn
question may be determined in give
case; the house, being the sole judge O
the election and qualifications of its mem
bers, will determine the matter at differen
sessions, al the caprice of the majority an
without much regard to law or prect
dent.
|
Arithmetic Politicians.
| Aprnn1a of the Vermont election. lib