Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1894-10-19
The Marlboro Election Case.


One of the large committee rooms was
well filed Tuesday evening despite the at
fractions of the ladies' reception going on
overhead, to listen TO the proceedings be-
fore the committee on elections, in the
Marlboro case. The proceedings were too
tame, however, TO be.really interesting, and
the whole matter was disposed of, with the
exception of making out the report, in but
little more than a half hour. The case
consisted simply of the sworn afiidavits of
Albert NJ. Prouty, town clerk, Henry w.
Bellows, A. f. Hescock, constables, and
Ii. NJ. Adams, the contestant, together
with proof that the contestant had given to
the parties concerned the necessary legal
notice of his intention to contest. 80.
AS is doubtless already known to Ph9i
nix readers, these atiidavits brought out
the fact that the declared result of the sec
ond ballot was, II. NJ. Adams II votes, +.
p. Adams 40, scattering ,, making no
choice, but that there were included in this
result two votes intended for II. NJ. Adams
but not properly crossed, and three votes
intended for +. p. Adams but not properly
crossed. Z. p. Adams received a majority
of all the votes cast on the fourth ballot,
was declared elected, and received the con-
stables certificate of election, but II. NJ.
Adams claimed that the five unmarked
votes cast on the second ballots were illegal
because not marked and should have been
thrown out, thus making the result, II. NJ.
Adams 40 votes, L. p. Adams 46, scatter
ing ,, giving II. NJ. Adams the election on
that ballot. The committee on elections
unanimously held the same opinion, saying,
in their report, "Any other finding would,
in the opinion of your committee, repeal
and nullify the plain provisions of Section
u, No. l, of the Acts of 1892, which should
be altered, if at all, through the ordinary
methods of repeating existing statutes
The committee recommended the adoption
of the following resolutions:
ResoIred, That Z. p. Adams. the returned
member of this house from the town of Marlboro
was not duly elected by the freemen of SAID towr
and is not entitled to his.seat in this house.
RESOLVED, That Hugh NJ. Adams of said Marl
boro was duly elected by the freemen of the towI
years ending the first Tuesday of September, 1896
= and is entitled to his seat in this house.
Both of these resolutions were adopted
by the house this afternoon, and Hugh NJ
Adams received the oath of office and tool
his seat. A good many of those who hav
contested elections in years past woulC
doubtless have been pleased to have had a
accommodating man to deal with as MI
e. P. Adams has proved in this case. Th
result would probably have been the same
however, had he tried to maintain his righ
: to the seat.
The Secret Ballot Law.
In considering the question, What nee
has Vermont of the Australian ballot law
a study of the history of the different col
! tested elections cases of the past, as en-
bodied in the reports on file here, is nj
p without interest. To the credit of IL
E state be it said that in almost all of the'
I cases the question in dispute has relate
, to the qualifications of voters and variOl
= technical points, the question of intimid
tion of voters, or fraud on the part
+ voters, being very rarely an element of Il
q case. One hears but little outspoken su
$ port of The present ballot law here. III
suggestion OF Gov. Woodbury's inaugur
that the law be so changed that the vote
L n