Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1882-10-18
The Worcester Election Contest.


The committee on elections Of the house. Of
which Mr.. Smith Of Newbury is chairman, gave
a hearing last week Wednesday evening, in the
roam OF the judiciary committee upon the re-
monstrance Of eighty-two republicans OF Worces-
ter against Horatio Templeton, the democratic
representative from that town. keeping his seat.
Messrs Clarence H. Pitkin and Hiram A. Huse
OF Montpelier appeared for the remonstrants and
Messrs. s. @. Shurtleff and Hiram Carleton Tor
Mr.. Templeton. This case is peculiar one, and
its history is substantially as follows: At the last
freeman's meeting In Worcester the freemen voted
for town representative eighteen times, the last
ballot occurring at about noon Wednesday. After
the votes had been counted at the end OF the last
ballot, Mr.. Templeton, who is the first constable
OF the town and presided over the meeting, an
nounced that George W. Durham had received
a majority OF the votes and was elected. Soon
afterwards Mr. Templeton notified Mr.. Dun
ham that his certificate and credentials were
ready which 1t was Mr.. Templeton's duty, TO
issue az presiding officer OF the meeting Mr,
Durham did not get them, and nothing occurred
then for ten or twelve days, when II was an,
been elected on the twelfth ballot. At the meet
ing, after the votes had been counted, MI Tenn
pleton, as presiding officer, himself declared that
he had received CO votes to 90 Tor all others, and
that there was no election. During the progress
Of that ballot there was row outside OF the hall
and considerable disturbance inside, and Mr..
Templeton's attention was diverted from the
box. He afterwards claimed that upon
| ballot kept by the town clerk. 1t appeared
| that two republicans and one democrat had
votei twlce that throwing them out he had
| a majority OF one. After the making OF this
| claim by Mr. Templetor Mr. Durham and he
| had an amicaNe conference and submitted the
question to the member OF the board Of civil au
thority as arbitrator. They decided in favor OF
| Mr., Templeton, whereupon he issued certificate
| of election to himself, presented his credentials
| to the secretary Of state, was sworn in and tool
| his seat. Meanwhile some OF the republicans
OF the town got certificate from the first select
man that Mr.. Durham had been elected, which
they presented but of course, he was not enrolled
IL. A. Hancock and eighty-one others now re
monstrate against Mr.. Templeton retaining M
| seat upon the following grounds: ~ That ate
| throwing out the three illegal votes before men
there were left 1877 votes in the box, while, II
cast and tSs & 9Ses ySters on that ballot
nothing; (2) that, as Mr.. Durham undoubtedl
received a majority of votes on the eighteent
ballot and was declared in open town meeting t
be elected, he should be allowed to take his seal
and Mr.. Templeton should be unseated Tn
hearing Wednesday evening was upon premir
airy question Of law. By statute, In order to re
an election contest before the legislature the cor
testant must give notice within six days afte
election OF his intention to contest, and mus
thereupon proceed and take testimony in writin
sustaining his claim. This was not done here
for Mr.. Templeton did not claim to be elected I'm
til ten days or 30 had elapsed. Mr.. Templeton'
counsel claim that the case cannot be heard 70
the want Of compliance with the requirements O
the statute. Thursday forenoon the committe
reported the case back to the house and recon
mended the following resolution, which wa
adopted
Re,oived 6g ne House Of Representa- That the mai
Ter OF the remonsance and petition of H. A. Hancock
Others relating to town representative OF the town Of Wo
Instructions to ascertain and report Ito the house at
early day, as to whether Horato Tempeton otht
entitled a
from the town Of Worcester and for that purpose said
mittee shall have authority witnesses appea
before them and hear other proper evidence relating ert
| to.
II testimony be taken, 1t will be claimed b
Mr.. Tempeton that the eighteenth ballot wa
void, because before taking 1t the meeting wa
adjourned for breakfast The statute provide
that the balloting shall be continuous MI
| Dunham's friends admit that there was re
cess taken by unanimous consent for breakfast
but that the object Of the statute was not frus
| trated, nor was there substantial stoppage 0
the baoting. Another hearing was held las
evening, full particulars of which will be given Il
Our next issue.