Middlebury register. (Middlebury, Vt.) 1886-1937, 1896-07-03

eide against my eligibility to a seat; and
therefore | did not do it. But all this
does not in the slightest degree change
the character of the action of Mr.. Grout.
Either from pitiful ignorance of the
duties of his office or for some worse
reason he tampered unlawfully with the
roll Of the house of representatives of
the state of Vermont. OF course this
was all the more an unexcusable act, as
at the time the case was before com
mittee and had not been reported.
You say at the close that SIT is fully
evident from this official record of what
was done with reference to Mr.. Battel's
case, that the REGISTER is utterly at
fault when it says that the house never
had opportunity to consider his qualifica-
tions, for it accepted the committees re-
port on the case and in addition adopted
a resolution distinctly declaring Mr..
Battel not entitled to a seat in that
body"
This part of your criticism is correct,
but has nothing whatever to do with the
action of Major Grout in striking my
name off the roll. | had forgotten, if
ever knew, that the case was referred to
a committee and that committee report
ed on it. had forgotten this in ten
years time, because | never appeared
before committee. And knowing this
last fact jumped to the conclusion that
no committee considered the case.
have no recollection of ever being asked
to appear before a committee. But un-
questionably such an appearance was
waived either by myself or by one of the
two able lawyers whom had employed
as counsel after the action of Mr.. Grout
in taking my name from the roll.
OF course had he not taken my name
off the roll until the committee reported
and the house had acted upon their re-
port, would have been practically as
much a member of the house as any one
with full power to vote and to act The
case is similar to that of a member
whose election is contested. The sitting
member acts until he is unseated by
vote of the house. In this case it was
probably general feeling that no prin-
ciple of safety or equity called for
speedy action, and there was large
probability had my name not been
struck off the roll by Major Grout that
the report of the committee, if adverse,
would have been delayed TO the very
last days or day of the session. 1t was
undoubtedly because of this most probable
result that the railroad influence wished
my name stricken from the roll in ad-
vance of the action of the committee.
But again it is very doubtful whether
there would have been an adverse report
OF the committee, had my name remained
on the roll. For we should not then
have waived a hearing, and with fair
argument the decision might have been
reached that one holding a fourth-class
post Office was not disqualified from
taking the oath required, and the matter
adjusted.
| now very distinctly remember the
different phases of this affair. 1t was
Josh Billings who wisely remarked
"Some folks are always telling what
they would do if they got in a tight
place, but as for me / never know until
get there" When | found or thought
that / could not take the oath as read,
the question was what to do next.
Some one in whose judgment had much
confidence, | cannot now certainly re-
member who, though l think it was
Aldace Walker, suggested to me to con-
suit Judge Prout OF Rutland and follow
his advice. l did this. Judge Prout
thought the matter over little and then
SAID in substance: '"There is to be an cleo
ton of United States senator next Tues |
day at Joint session. Your name is on the
roll. My advice is that you attend that
session, and when your name is called,
vote for Geo. F. Edmunds. This will |
be very satisfactory to the members, and |
1 hardly think after it you will have any
difficulty" l saw the force of the
advice and determined to follow it. l
went to Montpelier for that purpose,
with the result already related. The
record of the journal of the house for
Tuesday, Oct. 10, shows that Mr.. Bat
tell did not vote. He did not vote be-
cause his name was not called, and his
name was not called because the speaker
had ordered it stricken from the roll to
protect the house. This, as we have
before remarked, pending the action of
the committee on elections, to whom the
case had been referred.
Directly after l found that my name
had been stricken from the roll by the
speaker, perceiving through this means
that l was practically turned out of the
house, l determined to give up what was