Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1880-01-09
TIE Main. Outrage.

tons submitted by Governor Garcelon:
Question when the Governor and Council de-
eide that there is no return from rilN on wllch
Representatives can he summoned to attend ana take
their seats in the Legislature is II their duy 10 orhei
IA new election or IL ii competent for the House oil
Representatives, II II shall appear thai lheit
was an election OF such Representative
IN tact, TO admit them 10 seats, though II" return
thereof was made and delivered into the once ol
The Secretary OF STATE:
Answer-No authority il given 10 tic
Governor and Council whcn there Is no re-
turn to order new election. If II appears
to the House of Representative that there
was an election of Representatives in fact
they should admit them TO their seats, though
no return thereof was made 10 the Secretary
OF State. A representative is not TO be de
priyed of his rights because municipal officers
have neglected their duty.
ERRORS MAY BE CORRECTED.
Question Il, Il competent for the Governor ard
Council i" allow substitution Of other evidence III
place ,-ihe returned copies Of sGch lists, as are
provided i"r III Vt:cle a. pant /. section OF tl,t
constitution, ia ruSle them Ia determine what per
sons appear Ia To-. elected" representatives 10 me
Legislature II, plurality Of all The votes rcturned'
Aaswer-Thc constitution calls for a return
tina; is regular in essential forms and which
truly represents the facts to he described by
il but much of the constitutional require
nent is directory merely. 1t does moi ann
at ,!epriying thc people Of their right OF sui
fragc. Of their right .of representation, ioi
formal errors, but aims at avoiding such
reant II is competent forthc Governor anu
the Council to allow an erroneous return, OF
ono hist is Informal or defective, to be aided
and corrected 10y an attested copy OF record,
as by statute provided. II by accident OF
wii.ul regleci, there is an error or omission
IN The return, what can lie safer than to refer
10 the duplicate statement by the record 10
correct il This the statute of 1877, chapter
al2. allows TO I've done; and, while the Ian
suage is pcrmissive, it falls within the well,
known legal rule that when public rights
are concerned it shall be construed "a man
datorv. Whether the act referred TO con
truvcnes the constitution in allowing oral
evidence to be received in order to show the
intention OF voters in casting their votes, is
another part of the statute which We are not
now called upon TO consider. If unconstltu-
tiona in the latter respect, that would moi
affect the constitutionality Of the other
separate and independent provision.
SIGNING TIE RETURNS.
Question Is n return, signed by less than ma
iorty of the SeleCtmen of town, or the Aldermen
OF a city, valid. within the requirements oil the same
section?
Answer-While town may legally elect
as many as seven Sclectmen, well-known
practice is to elect only three, and in such
cases return To be valid must be signed by
majority of them because by no possibility
can a less number constitute a legal quorum.
Most of our cities are required, by law, TO
have as many as seven Aldermen, and none
Of them We believe, has less than five; TO
constitute quorum il is only necessary to
have a majority of the whole present,
and when such quorum is present,
a majority of the quorum may do busi-
ness. When such return is laid before the
Governor and Council they cannot know and
they have no right to assume that the return
is not valid.
VOTES NEED NOT BE DETAILED.
Question lis 4 return by Aldermen OF a city
which does moi give the number of votes cast Tor
each person voted for as member OF the Leelsia,
ture and does not show what persons were voted
for AS such members in any one OF the several
wards of such city, valid return within the re-
qurements of the same section:
Answer-It is immatcrial whether the AL
dermen returned TO the Governor and Coun-
Gil the detailed vote of each ward separately
or whether they returned the result OF all
votes of all of the wards for each candidate.
Either mode is a satisfactory way of reach
ing the same result.
rETUISs NOT PROPERLY SIGHED.
Question 5-Are returns from towns or cities
which are mol attestedhy the Town or cty clerk
valid withn the same section?
Answer-R Returns from towns and cities
which are not attested by town, plantation
or city clerk are not valid. The attestation
of the clerk is prerequisite to any action of
the Governor and Council in counting the
votes. The returns of a clerk pro tempore,
or deputy clerk, are to have the same force
and effect as if signed by the clerk.
STATEMENTS or MUNICIPAL OFFICERS coSCIU-
sIvE.
Question c-IIave the Governor ami Council a
right reject the returns Of the election oi nlrhl-
hers nf the Legislature required by the same see
ton from The officers Of towns which were not
made, signed and scaled up IN an open town meet
ing:
Answcr-The Governor and Council must
act upon the returns forwarded to the Secre-
tary of State. The statement Of the munich
pal officers il, in that respect. conclusive.
HOW sELECTMEN MAY ACT.
Question Is the return of two persons, pur-
r, ii c;SaifStmen of town, valid and sum
pears that there II the time OF The liieflii
which the election Vas had but two selectmen OF
that toan:
Answer-Whcn the majority OF the select
men are absent or neglect or refuse to per-
form their duties. the town meeting may
choose selectmen pro tsmporf. In case
of death or removal of all the select
men two would be sufficient and COM
petcnt 10 act. But the canyassing board
are to be governed by the returns. Evidence
would not I've admissible TO prove the fact
that there were bet two se!ectmcn of the
nj
officially know that there are only two.
An ALIEN CAs ACT.
Question Can Il person who Is no. i citizen oi
ti,. ntcd States Al the time he legally elected OF
constituted a sclectman OF town?
Answer-A person not citizen may be
elected or constituted Selcctman. so that
his official acts bind the town and are valid,
SO far as affects the public.
BALLOTS CANNOT he REJECTED AFTER BEING
COUNTED.
Question 81 o ballot has i distinguishing
marx, IN the Judgment OF the Governor and Coun-
ell such a. would make Illegal under the statutes
nave they The authority 10 disregard II In their a.
cprtaininent OF what persons appear 10 be elected
where II appears by the Official returns OF The
officers of the town that such vote was received
by the Seectmen subject 10 their objection and IL
legality referred 10 the Governor aud Council iol
decision?
Answcr-Thc Governor and Council have
nothing to do with the question; their duty
is to count the votes regardless of the fact
improperly set forth in the returns. They
are nowhere constituted a tribunal with judi
ciary authority to determine what shall con-
sttute Distinguishing mark or figure; MOI
can they legally refuse to open and count
! the votes returned.
''DiIro.'
Question l0-If names of person appear in a re-
turn without ANY humber OF votes being stated OF
carried out against them either IN words or figures
Is II the duty OF the Governor and Council 10 treat
those persons as having the same number OF votes
as another person received for III" same office and
whose name IS placed nrst the return, II they
md dots under the figures or words sci against
such other pei sons igIne?
Answer The word ''uit,c' and its alb
brcviation To do" and the dots or marks
that stands for the word ditto" ure Of com
mon use and have perfectly well defined
meaning known TO persons generally That
meaning should not he disregardcd We an
swer tie question in the affirmative
PEoCEDUgE BEFORE EEJECTlSG vorES.
Question ll-Have the Governor ard Council the
legal rght In decide what Kind of evidence they will
receive and what mode Of proceeding before them
there shall he 10 enable them Ia determine The