Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1882-10-20

W uppealS IN civil causes from JUSTICE courts
II amends by requiring the appealing party
when the action Is on note or account under
$40 and over $50 to file the required affidavit
within two hours after judgment.
BY Mr.. Munson of Manchester ii. "a, ire
aing to the care and restraint of the in.
sane" 1t makes provision for restraining and
caring for Insane persons wandering about
and is the same bill under consideration in
the last session.
BY Senator Hogan of Franklin, S. go, "An
act relating to notice of proposed changes OF
time in running passenger trains :" to Com
mittcc on Railroads. Provides for written
notice to all connecting or intersecting roads
ut least ten days before change posting of
printed notice of change in passenger depots
and postoillccs along line of said railroad at
least six days before change fine of $1,000
for neglect to comply
by Senator Burnap of Chiltcnden, 5. %
IAN act in addition to Chap. 1853 of revised
laws, relating to reorganization of railroad
companies after foreclosure Provides that
provisions of Sec. 3lGl, chap. 1853 of revise d
laws, extend toequtablc as wclasl legal mort
cages. The shares of stock shall he 500
instead of $50.
BY Senator Colburn of Rutland S. "a, IAN
act simplifying indictments and informaiions
for perjury and subornation of perjury"
revised laws and contains blank form for
the indictment for perjury.
BY MIR. Plumey of Mortified, II. 20, 80
amend Sec. 1901 of chap. 1876 of the revised
laws of Vermont" Prohibits painting or
posting bills upon bridges trees, posts and
fences without written consent and imposes
from So to $40 fine for so doing.
By Mr.. Butler of Essex II. &c, ''relatng TO
the printing and publication of the regisra-
ton of the births, marriages and deaths in the
state" Provides for printing the registration
report annually.
BY Mr. Pond of Berkshire II. IS, "for the
protection of landowners on the Mssisquoi
and Trout rivers and their tributaries Pro-
hlbits throwing of waste into those streams.
The Worcester Election Contest.
The committee on elections of the House,
of which Mr.. Smith of Newbury is chairman,
gave hearing last evening, in the room Of
the judiciary committee in the State House,
upon the remonstrance of eighiy-two Repub-
licans of Worcester against Ilorato Temple
ton, the Democratic Representative from
that town, keeping his seat. Messrs. Clar-
cncc ii. Pitkin and Hiram A. Huse of Mont
pelier appeared for the remonstrants and
Messrs. s. &. Shuttleff and Hiram Carleton
|
one and its history is substantially as fol-
lows: AT the last freemans meeting in
| Worcester, the freemcn voted for town rep
rcscntativc eighteen times, the last ballot oc-
curing 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, announced that George w. Durham
had received majority of the votes and was
elected. Some time afterwards Mr.. Temple
ton notified Mr.. Dnnham that his certificate
and his credentials were ready, which it was
Mr.. Tcmplcton's duty to issue rs presiding
officer of the meeting, Mr.. Durham did not
get them, and nothing occurred then for ten
or twelve days, when it was announced that
Mr.. Templeton claimed that he had been
elected on the twelfth ballot. AT the meet
Ing, after the votes had been counted, Mr.
Tcmpleton, rs presiding officer, himself. de-
clared that he had siXty-tive votes to sixty
five for 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.. Tempeton's attention was diverted
from the box. He afterwards claims that,
upon inspection of the record of voters upon
each ballot kept by the town clerk that two
Republicans and one Democrat had voted
twice; that throwing them ont he had ma
iority of one. After the making of this claim
by Mr.. Tempeton, Mr.. Durham and he had
an amicabc conference, and submitted the
question to the members of the board of civil
authority rs arbitrator Tncy decided in
favor of Mr.. Temple,on, whercupon he is
sued q certificate to himself presented his
credentials to the Secretary Of State, was
sworn in, and took his seat. Meanwhile
some of the Republicans of the town got a
certificate from the first selectman that Mr.
Durham had been elected, which they pre-
scented, but which was, of course, not received
IL. y. Hancock and eighty-onc of them now
demonstrate against Mr.. Templcton retaining
his seat upon the following ground: (D That
after throwing out the three illegal votes be-
fore mentioned which were cast on the
| twelfth ballot, there were left 127 votes in
the box, while, in fact, there were only 1876
legal voters in town; that it is uncertain for
whom that illegal vote was cast, and that
the presence of that illegal vote in the box
vitiatcs the ballot, and goes for nothing ~
that, as Mr.. Durham undoubtedly received
Il majority of votes on the eighteenth ballot
aud was allowed in open town meeting to be
elected, he should be allowed to take his
seat, and Mr.. Templeton should be unseatcd
! The hearing last evening was upon pre-
lminary question of law BY statute in
order TO get an election contest before the
| legislature, the contestant must give notice
within six days after election of his inten-
tion TO contest, and must thereupon proceed
and take testimony in writing sustaining his
claim. This was not done here, for Mr.
Templcton did not claim to be elected until
ten days or so had elapsed. Mr.. Temple
toms counsel claim that the case cannot be
heard for the want of compliance with the
requirements of the statute. This forenoon
the committee reported the case back to the
house and recommended the following rcso-
luton, which was adopted
Rcsoired By the House of Representatives That the
matter of the renOnstrance and petition OF II. A.
| Hancock and others relating to town representa-
tive of the town OF Worcester be recommltted to
| the committee on elections with Instructions, 10
ascertain and report to the house AT an early day.
as to whether iiora,o Templeton, or any other
person, is entitled to seat in the house repre-
| sentative from the town of Worcester: and for
that purpose said committee shall have authority to
summon witnesses to appear before them, to hear
| other proper evidence relating thereto,
If testimony be taken, it will be claimed
by MIR. Tcmpleton that the eighteenth ballot
was void, because before taking it. the meet
ing was adjourned for breakfast. The statute
provides that the balloting shall be conliuu-
Gus. Mr.. Dunham's friends admit that there
was recess taken by unanimous consent for
breakfast but that the object Of the statute
was not frustrated, nor was there sub stan
tial stoppage Of the baloling.
Minor Matters.
The House committee on the revision of
bills have appointed Mr.. Ashton r. Willard
of Montpelier to be its clerk. His office isn
the Speakers room, where any member who
wishes to draw bill, may avail themselves
of his services.
The reunion of the members of the Yer
mont Cavalry Association will take place.
herein Montpelier, on the first of November
The reunion OF the Vermont Officers Asso-