The sun., 1891-06-04
THE DISPUTED BALLOTS.
IMPORTANT DECISION NJ THE COW
NECIICUr SUPREME COURT

II Practically Decides the Goveruership
Contest .. that state-The Court Hold.
thst shs wsrA "rors' .. q Ballot is n.
legal Usless Usea on All OF the Ballots
1ssseA ~ . Political Party. I.ss.ueh
ss ~ weuia BE Mark or Device sy
which the ss-e Might be Idensised.
NEW HAvEs. June 3.-The decision o: the su.
prone Court in the suit OF c. Wilbur Fields
against Sidney ]. Osborne ct al. better known
40 the contested Branford election case. was
announced this morning and with tho an-
n0uncement was filed the written opinion OF
the court The opinion was written by Judge
Seymour DemocratD and concurred through
out BY Judges Carpen.or and Loomis. Chiei
Justice Andrews and Judge Torrance concur
In the Judgment. which advises that the plain
till was not elected selectman OF Branford and
dismisses his petition. which prayed that he
BE- declared elected: but on tho other parts oil
the opinion they non-concurred. because they
brick. and did not intend to change or modify
what was said by them In their dissenting
epipion In that case.
This decision IL Of tho greatest Importance.
and has been awaited with anxiety. 1t In
volved the opinion Of the court on the question
OF the legality OF so-cslled for" ballots,
which question is first and foremost In tho dis
putsd Gubernatoiial controversy. and a
judicial opinion OF which practically decides
the Governorship. The decision called for q
construction OF those provisions OF tho Secret
Ballot act which prescribed that the ballots
shall contain nothing on them except the
names Of the candidates for ONCE and the
once voted for. and the name OF the patty
issuing It
Another important matter decided by the
court 10. What 10 . legal political party r
The for" ballots in dispute were Issued by .
so-called citizens party. which was formed
under circumstances like third parties are or
dinarily formed. On tho question OF the " for"
ballots tho court says they are legal under
somo circumstances and illegal under others.
The coult defines tho legal existence Of q
citizens party in these words:
Tho element OF time Is not essential to the
formation OF a legal party. II may spring into
existence from the exigencios OF particular
election. and with no intention OF continuing
after the exigsncy has passed. To hold the
contrarI you'd be to strike blow at that in
dependence in political action upon which the
good government OF . locality may depoud.
Nor can tho number OF voters that must unto
in order TO form legal party be prescribed ty
theories OF popular government. Ifit is shown.
as 1t 10 in this case. that an independent polit-
fcsl party was formed. that It assumed dis
unctive name. and that the ballots which IL
iseued subject tho sufIrages Of the 10 pie un-
der no false title bu. bore the name OF the po-
litical party issuing them. it Is enough. 30 lar
as the pom, now icing considered is con-
cerned. To hold otherwise would be to abrioge
rights which are not only generally held TO be
sacred. but which ,tis OF the utmost impor-
Kessrd!4s shs point raised that the party
sa 10 dsea, eea Put on
1uiro into the motives which. un lerie the
mat the "a. o.called Ci,izens' party had a legal
existence. II decides that sandidates were
ona rssson ior rrantes sse pe,o has 100
Citizens bAllo,e. contained the illegal words.
Tor Judge Of Probate. Henry n. steadman."
Now tbere can be no question but that the
Legislature intended 10 say that u ballot which
messted % re9uiremen,s should be void. ire.
specsive OF all considerations as to The intent
or effect OF such failure. 1t considered uni
formtty an important means OF prevent
ing fraud. and there were certain matters
i9 which uniformity couli be expressly pro-
preesed standard OF uniformity might yet be
made 70 lnsk entire uniformity. and 50 be iden.
could neitler DfoSids against nor ,e ioresee. ~ At
the same time ;he ballots were Issued and cast
ihs Us esetiOn for Hsdss q
sion. Tho title Of the ONCE and the name Of
the candIdste we're foreign 70 the ballot. and
q p 81 pH Ssrs iae
IIsiss Ijsfs; $sS$s.!Ae Sss M They were Inserted in
expret dhibHion Of the law. what is our
%heh nd The s@ act es not
sutho izeHNso inquire S into the intent % or the
las mi % that ba a.
tents. 1Aieh these DO. It shall be Void. Unless
tionsi We csnnot. Disregard its reduirsments.
Iii T. harsh and unreasonable the remedy is
with tho courts. which are bound to respect il.
The Legislature has spoken. and obedience is
T around sna he Gn bsUt bdt
and regulations as It may deem proper. and 1t
Is the duty Of the citizsns to conform thereto.
pay for an honest pure bal lo 1t Is matter
oI public notoriety that ballots prepared by
serve l the reauiremtnts Of the law. have in
position With the offces voted for. and some
I'VE refer to these instances In confirmation
Of our position that the language under consid-
the proper subject Of construction. In dis
Shsrgips tho duty Of eonstrueti1g H. SO that
tn6 vot6r snail not % ncprlvc0 nI MS vote eX-
cept upon plain provision of the law. we feel
bound to hold that the net does not In terms,
expressly nor BY necessary construction. pro-
hibit tho use o; the word for before tue title
Of the ofice It follows. therefore. that neither
Re me-, nor. tho failure to, use Il, necessarily
ballots issued by political party contain the
word for before the title Of the offices there
on named. then II cannot be held 10 be mark
or device so that the same may be identified
In such manner as to indicate who might have
cast the Same. and, therefore. is not obnoxious
10 Nat provision. II the regular ballots OF
poi ~ cart, omit the word Tor IN tho cor
70 = jSfXeE device by which the same might
6e Hhed would be illegal. Each case
mutt 81 Aoyerned by its own circumsl an ces,
and be decided IS a question OF fact under the
principles herein stated.
U GOD the facts in this case We hold that the
ballots In question were not illegal and void
6ecSn14 OF the use OF the word for They
wer6ss3seeL however. as we have already
stAS1A Aoy another reason. Being illegal. there
Is no foundation for the pAtitioner's claim that
be WAS elected Sclectman and his petition,
which was based upon that CAIN. must be dis
missed"
Trip or tho New York Coaching Club.
BURLINGTON, VI, June 3-Tbe New York