The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1892-11-09
a@attbman 4 Journal.
WEDNESDAY, NOVEMBER o, 1892
The Danyille Election Case.

The Danyille Election Case.
The committee on elections respecting |
the case of Stephen d. Morse republican,
claimant of the seat now occupied by
George B. Davis, democrat, as representa-
tive from Danville, report the following
state of things In DanWlle, at the last
freemen's meeting, some thirty voters cast
their ballots under the following clrcum-
stances Some were assisted in marking
their ballots by one j. b. Mattocks, who had
been and was then town clerk. No declara-
ton was made by anybody OF inability to
mark his ballot said Mattocks certified on
each of the ballots so marked that he had
assisted the voter (naming him) and certi-
fed in such a manner as to indicate who
cast the ballot and so that the ballot would
show for whom it was cast. There was no
evidence to show whether the voter knew
how the certificates were made OF not
Said Mattocks had no official relation to the
meeting other than as town clerk. Others
marked ballots which were cast, some for
one and some for the other candidates. ON
some certificates were made, ana on
some in which the voter was so as
sisted no certificates were made. There
is no means of ascertaining how many
there were, or for whom they were
cast; the votes were marked in the
booths, on the wall of the room, on table,
and apparently wherever 1t was convenient
inside the guard rail. Some suggestions
were made about having the voters sworn,
or stating their inability under oath. The
attention of the officers including the pre-
siding officer, was called to the fact that this
was not being done. The presiding officer
clared that he did not think it was necessary
when there was no question about 1t. Other
like statements were made indicating an
inclination to disregard the law. All
these voters were assisted under the cir
cumstances hereinbefore detailed, and
in some instances by the election Off
GERS. We do not find that there was any
positive fraud in these transactions, or any
fraudulent intent, further than needless,
careless disregard of the provisions of the
statute which cannot be too severely con-
demned. We do not find that any voter
was prevented from freely casting his vote,
just as he intended and desired. There
were claims and counter-claims that some
voters had been influenced by the use of
money, but the evidence consisted mostly
of that clustering talk which always attends
elections, and which in this case did not es-
tablish any fact upon which such charges
could be based; and what did occur was
not connected with either of the two re-
spectacle gentlemen who were candidates
for representative.
Two views were taken of the facts ascer-
tanned by the investigation; First certain
Of the committee held that it is more i'm
portant to ascertain the true results of an
election than that forms and means shall be
in accord with prescribed rules that If there
were irregularities in complying with rules,
it was the officers fault, not the voters,
and the latter should not therefor be de-
prived of his constitutional right to vote.
Second, others held that the rules the ballot
law prescrbes are mandatory, and that
plain provisions of law intended to promote
purity of elections and secure their inde-
pendence cannot be disregarded without
destroying the law or rendering it a mockery.
The election officers of Danville counted
as unQuestiOned 455 votes, as follows
DAVIS. ....,'............. .........,.'Z 5O
Morse. Observation-Disclosures. ..lz4
Wakeheld. ................ ....''.l
The Danville election officers threw out
nine votes, seven of which were cast for
Morse and two for Davis. These were
found adherng together at the edges, but
the committee unanimously held that they
were cast separately and should be counted.
Then the ballot would stand
Davis. Observation-Disclosures. .23z
MORSE. '..'...'.'..''' ''.'.''.'' ''zol
Wakefield. Observation-Disclosures.
Six ballots were criticised by the Dan
vile board. On one a cross (x) was marked
against the name of each candidate. This
the committee finds was properly thrown
out On another the voter wrote his own
name diagonally opposite Morse's name,
and was rightly rejected. Another was
marked thus:
Stephen d. Morse-Danville..
George B. Davis Danville (a)
At the point (a) was a cross which the
voter had evidently tried to rub out.
Vote counted for Morse. On another
the cross was not opposite either name,
bat below, and ballot was discarded.
On another simple vertical mark was
made against Davis name. Thrown out by
the board, but counted by the committee On
the last an tx" was marked against Davis
name but opposite the blank line below a
vertical mark was made and erased
Counted for Davis by the committee. The
ballot thus revised stands;
DAVIS neutrality-suspicious.. ''.''.. .Zof
Morse. ..,..............'' ........'.. .Zol
Wakefield Observation-Disclosures, l
But Davis, the sitting member, contended
that fOur Of claimants votes were cast by
men VINO we're not qualified voters. In
three of these cases the committee, on the
evidence presented, sustain Mr.. Davis
claim, but count the fourth. The committee
also finds that three who voted for the
sitting member were not qualified to vote.
The vote, thus revised and corrected stands
DAVIS ...................' 'Zol
mOTSe.. go
Wakeneld .............''..'
majority for Davis, two.
The committee concludes with the recon-
mendation for adoption of resolution to the
effect, on the first view stated above
that George B. Davis is entitled to 9
seat; but if the second view Of the case is
adopted, that the seat be declared vacant.