The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1891-08-19

ton extends throughout the county" True,
partially, as to their sphere of action; but
would Colonel Mansur maintain that sheriff
is state officer because he can serve process
anywhere in the state? Or that town con-
stable, whose jurisdiction has been extended
throughout the state by vote of the annual
meeting which elected him, Is therefore a
state official? Perhaps he may reply that
these officers have certain peculiar duties
to the communities which chose them, and
are consequently officers, each of his re-
spective county or town. But how, more
than justices OF the peace? These consti-
tute an important part, sometimes major
ity, of the board of civil authority in their
respective towns-a court OF absolute and
final jurisdiction. And in this capacity
they are exclusively town officers. Nobody
would ask or expect the justices of Brighton
to serve on the board of civil authority
in Brunswick, or in Canaan. AS to town
representatives, it is submitted that they
hold to the state the same relation that
member OF congress whether senator or
representative sustains to the United States;
and in the well-known case of the impeach-
ment of William Biount, a senator from
Tennessee it was explicitly decided, in
1890, upon an issue squarely made, that
United States senator was not a civil officer
of the United States 1t would seem, there
fore, that both justices of the peace and
town representatives are town officers,
| though not limited to the town in the per-
Torrance of all their official duties. 1t fol-
lows, too, that freemen's NEE ting is local
election so far as choosing these officials is
concerned, whatever other officers, whether
state or county, may be voted for at the
same time.
Again, Colonel Mansur CONSTITUTES the law
to require that all the names of candidates
shall be printed upon single ballot, as in
his comments on the requirements of Sec
w M
derneath each group of candidates for diff
ferent offices blank space shall be left in
which the voter may insert the name of any
person for which he may desire to vote"
directs that whenever the approval of a
constitutional amendment, or other ques-
ton, is to be submitted to the people, such
question shall be printed upon the ballot
after the list of candidates" He asks,
What is ballot with a list of candidates
grouped on it but one ballot on which are
all the candidates, including town repre-
sentative"" But, by the provisions of Sec
ton IA, whenever proposed constitutional
amendment, or other question, is to be sub
mitted to the people of the state, the same
shall be certified by the secretary of state to
each county clerk, for him to include in the
ballot he is to have printed; and as by Sec
ton 16 the county clerk is required to print
only the names of those candidates whose
certificates of nomination have been filed
with him, he cannot have printed ballot
on which are the names of candidates for
town representative or justices of the peace.
For, besides the certificate of nomination of
state officers and representative to congress,
which, by Section II, the secretary of state
is required to furnish the county clerk, the
only certificates of nomination he can know
anything about are those candidates for Of
fees to be filled by the voters of an entire
county, as prescribed by Section 8. He
can not prepare and have printed a
list of names of candidates in which
can be included names of candidates
for either justices or town representa-
tives. But, assuming that the town
clerk is to prepare and print ballot for
town representative and justices of the
peace, Colonel Mansur finds an insuperable
objection to the taking of a second ballot
for representative, because, as he CONSTITUTES
the law, the justice votes cannot be counted
till shutdown, and not till then can the re-
suit of the town-repreSentative voting be
known. If this be so, it does not abrogate
the requirement of Section SO of Revised
Laws, that the freemen's meeting shall not
be adj ourned before an election of town
representative is had, except upon the
unanimous vote of those present when the
question of adjournment is put. But there
is no law directing justice ballots to be
counted at shutdown. The only direction
as to time of counting representative or
justice votes is, as it has been ever since
the Revised Laws took effect, August /,
1881, that the votes cast for town represent
tative be counted at three o'clock in the
afternoon; and no provision whatever is
made as to time of counting the votes for
justices Of the peace. How, then, can there
be any difficulty in turning the representa-
tive box at three o'clock, then opening aud
counting the votes both for representative
and justices of the peace? And, if then
there be no election of town representative,
in balloting until an election is made?
especially as Section 20 of the new law pre-
scribes that in case of representatives to
the general assembly " there shall be pro-
vided three hundred ballots for each fifty
voters or fraction thereof and in case more
ballots are required, the presiding officer
shall cause to be furnished a sufficient sup
ply until there is an election"
GEORGE l.. STow.
Chelsea, Nt August II, 1891.