The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1877-05-02
THE MUNICIPAL JUDGE.

municipal court is hereby established in
" and for the village of Rutland, and a
"judge thereof shall be annually elected
"by ballot from the freemen of said viii
lage, at the annual meeting thereof !"
that this was the only provision relative to
tho election of this officer and that the
charter expressly provides that the modcr-
ator, clerk, treasurer, collector and trustees
shall be elected by ballot, and that "the
"persons having the greatest number of
votes for said offices respectively shall
" be deemed elected thereto" We argued
therefrom that majority of all the votes
polled was necessary for the election of a
municipal judge, reinforcing our argument
by showing that where the constitution
and laws of Vermont were silent as to the
number of votes required to elect a state
or county officer the invariable rule had
been, and still lie, to require majority of
all the votes polled for that purpose.
II our position is correct, it would log
ically and conclusivelY follow that there
was failure to elect a municipal judge at
the annual village meeting, and that the
office is now vacant-for there we're four
hundred and twentY-three votes given for
this officer, requiring maiority-two hun
bred and twelve votes-to elect, and the
candidate receiving the greatest number of
votes had only two hundred and eight, or
four less than the number required.
Although the argument seems conclu-
sive-and we venture to say that q lawyer
or Jurist of recognized reputation and abil-
ity cannot be found to question tive pro-
pose, this morning. to go a step further
and show that the best legal authorities
hold that majority of all the votes cast
are necessary to choice unless there is an
express law requiring greater number, or
declaring that a less number shall suffice.
Nathaniel Chapman, chief justice of the
supreme court of Vermont, judge of the
United States district court, and United
States senator, "the distinguished and able
Judge, and lawyer, and statesman" as
late chief justice Of the supreme court, in
an opinion delivered by him, says, "who
has done 30 much to give stability, and
form, and substance TO our laws, and
" civil and political institutions, and who
" in that way gave higher character to
our state than any other man whatever"
certainly ought to be good authority in
Vermont, and ought, at least, to command
little respect even from aspirants for Of
flee. Nathaniel Chapman, in his Principles
of Government, in speaking of the forma-
ton of governments, both national, state
and municipal, asks: "Again, suppose
" society formed, and about to decide on
"measure, but no rule has been adopted or
" suggested, what number or proportion
" of voices should constitute a binding
"Vote ?"
Here then it the very question. The
municipal court of Rutland is established
the people are called upon to decide who
shall fill the Office of judge, and the law is
silent as to the number or proportion Of
voices that should constitute binding
vote anu elect Judge. What 10 the rule
upon the subject Judge Chapman goes
on to answer his question, by saying :"As
ga general rule the majority interest OF
"the community must be supposed to be
"contained in that of majority of the
members" He explains that he uses the
words "as a general rule" because there
may be cases in which necessity may tout
"weigh the inconvenience of different
"rule," but that, in such cases, different
rule will be prescribed. Is not this de-
cisive of the question? Applying the
principle laid down by Judge Chapman,
is there any doubt that there was failure
to elect a municipal judge at the annual
village meeting, and that the Office is now
vacant
Chancellor Kent, recognized as standard
authority, not only everywhere that the
English language is used and the common
law in force, but whose works have been
translated into many foreign languages and
are held in high repute in those countries,
is, certainly, entitled to some little weight
in Rutland. In speaking of corporations
and the village of Rutland is simply a
corporation, deriving its whole power from
its charter and the several acts of the leg
islature in amendment thereof-he says
The same principle preuaiLS in these in
corporated societies, as in the community
at large, that the acts Of the majority, in
cases within the charter powers, bind the
aohok. The majority here means tie ma
jOrity Of those soAo are present at a reg,tIa,
corporate meeting. This is tie
general rule upon the subject and if any
corporation has a different modification o.
tie expression Of the binding rule Of tie
corporation, it arises from the special pro.
0isions Of the act or charter Of incorpOra-
tt0n."
This, as will be seen, is exactly the prin-
ciple laid down by Chapman, although ex.
pressed in different language. Applying
the language of Chancellor Kent to the
present case, and what does it establish
The election of municipal judge is with
in the corporate powers of the village OF
Rutland, and the votes of the majority
that is the "major part of those who were
"present" at the village meeting-bind the
whole. That majority was opposed to the
election of the person having the greatest
number of votes, and their acts-that is,
-. ia L.. hi nxI
was no election. The general rule pre-