Windham County reformer. (Brattleboro, Vt.) 1901-1906, 1902-09-12
RECOUNT ONLY PARTIAL,
NEARLY HALF THE TOWNS REFUSE IT
UNDER ADVICE OF REPUBLICAN LEADERS


dicate Davenport Majority OF So Mott,
OF Contest Served.
The recount of votes on the stat
and county tickets, asked by Chail
man Calvin of the Democratic count
committeeman by two of the caud
dates as erroueouSly stated last week
has been only partially made. Th
boards of civil authority in nine town
have made the recount. one Of then
Newfane, before it was asked. Thos
of eight towns have refused il, and si
more have not been heard from al all
and il is now too late for action in th
latter as the returns are to be canvass
ed by the county clerk today.
OF the towns refusing a recount
the boards in three ordered or agree
TO il and then reversed their action ol
the advice of the Republican lawyer
Of the county. Six Of them have beel
heard from as SO advising and of tn
six Two had expressed the opinion I,
Democrats that a recount was onl.
fair under the circumstances and ough
not to be refused. That i the opin
ion of every lawyer outside of th'
county who has been consulted ana @
some men of judicial eminence VII,
have looked into the subject.
The statutes are entirely silent ol
the question. a. apparently there la.
never been a case before where cuun
tv ticket was in doubt TO suggest leg
slatie So Chairman Gavin ; re
quest Naa based % general principlc'
and the Practice in other states. which
nearly all grant re-cOHnlS where there
i d c"It r. i"i 'H'lIl "l "nS ili5'..
error he ""> ic' % .H' ne II, ''', ~ o.
IaWNrrs l. oaTt" uH ',Iou ,I i''' w '"E
statutes "Hlcn prov '"eS '"d1 ~ 9","
a. may De aiteI counting "Hs
hallols shalI ne Se"leu any NtI'
~ Town clerks 7upJeCI 10 t"Ll !Iolli
tAe canNasslnS coinihi'lee ul 'he JoIH'
Assembly Hthct ~ = ar ueU H"t 'H'
clerk mas no Ia" iui Il-ut 10 lvN a!!
uodE bul lue 'TiS'a''' c'iIi'll' l',
tnucn lneu, hui 'hl9 '-LoFtS 'he ldcl
lllal ne l, but 'he a-tH' ~ 1le "'"''I
OF the iuIl board I'D WHost cu9tou!
the returns really are uhtl! tne matter
passes from thtlr hanas oy certlllcaIe
to the county c!eFk, AlNho"' II mere
Is any objection 10 the Fe'optulhg ana
re-couhtlng' any dap-eT OF IAN peFlhE
with the returns II 3hIE counts
against the Democrats because tht
boards OF clVll authority are an
Republican ana some OF them
unanimously so. But the Democrats
We're wiling 10 waive all lhls Tor the
sake OF getting names errors cor
rected without the expense ana pothef
of Legislative contest, "hlch. lhey
thought, would probably not develop
enough TO reverse the reported results
When the refusals began to come m
under lawyer ADVICE. MT. Davenport
proposed to Mr. Spencer, his competl-
tor for senator and the two closest
names on the two tickets. that they
both sign JOINT request for count,
waving so far as they were concerned
any question Of legality. But Mr.
Spencer. while personally he would be
glad to comply, declines, acting under
legal advice. that il would be a "vio-
lation of law to reopen. except on de
mand of the legislature. and besides
because ii was probably too late. So
in order to preserve all rights for his
party. Davenport has served written
notice on Spencer that he will contest
the election IN the next Legislature.
1t was hoped by means of the re-
counts to avoid this necessity and get
enough to place the result
beyond doubt. But in fact the re-
count so far as il has gone only adds
to the doubt and emphasizes the neces-
sity for a verification. OF the towns
re- counted three report no change: the