Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1903-06-04
Supreme Court Unanimous in De-
cision of Burlington's Mayor
atty Case.
NEW AMENDMENT Did 1T
Court Decides That under II n Voter
Can vote Twice for Same Person
and Have IL Count Oncc-Cnn
Sentence Brunknr'ls 10
work House.

MONTPELIER May ?S.-Suprcmc court
went in for ~ minutes this morning and
then tool, u recess untfl Thursday, July
80. when it will convene to render de-
cisions on eases heard this term. The few
minutes the court was i'm session this
morning were big with important de-
cisions. james f.. Burke was declared
elected mayor of the city of burlington,
Judges of city courts and Justices of the
peace We're sustained in sentencing to
hard labor at the House of Correction at
Rutland, as an alternative sentence for
nou-pHYmcnt of fires and costs, those
convicted of "A second offence of intoXi-
cation. and W. II. Sweeney was ad-
Judged duly elected ON the ninth ballot
as road commissioner for the town of
Leicester at the last annual meeting. 80
| opinion was read in the latter case but
/ Judge Stafford ordered the entry com
plant dismissed with costs" The case
stood on the docket as Jenny ". Sweeney,
both parties claiming to have been elected
/ to the Office of road commissioner in that
| town.
The opinion in the Burlington mayoralty
CHyc was handed down by Acting chief
judge tyler. This case was taken up in
/ chambers last evening and occupied the
4 time of the court until Il late hour. Tn"
/ opinion was not fully written out for lack
of time. but judge Tylcr stated that
. IL p.nb'tlt'u inc uilIIlIl'llS opinion OF Inc
court. After roc, uniting the claims Of
both parties judge TNlcr said the qlcs-
ton hinged on the counting of lGS votes
/ i'm dispute. If these are thrown out the
! respondent Is elected. if not. the IclatOr
has majority of the votes cast. If the
local option ana democratic candidate
had been different individuals then mark
ing cross in both squares would have
been double voting. in ,nis case it was
There = g. in he t..lG x
ccpt the votes themselves. In accord
ance with the amendment to the ballot
l"w passed by the !, GiSiatIrc of 1.u- one
cross in the cases in question WAS clearly
surplasago ana did not GiSfrauchSc tho
I voter.
/ with the opinion was tho following
sislcd order. signed 10y all the members
of supreme court:
In this case the complaint is sustained
the writ is awarded ana judgment that
the complainant is entitled to the office
mentioned in said complaint. and the do
PENDANT do not In any manner inter-
NEEDLE herewith. or concern himself in
or about the same bat that he be abb
solutoly for,iudecd and secluded from
exercising any of the functions thereof
ana that he do pay the costs Of the
proceedings"
the ROGERS CASE.
Judge lYIcr also rcid the opinion II
tho test case OF State rs. Rogers, 10 dc
1 t"rmlHe tlc JUilSdlctuh uI Judges OIL Guy
courts AMI Justices OF the peace III second
offences Tor lntoNlcaN"n' rNefy point
made 10y counsel lof the respondent was
oN'rrll"d ana Rogers VIII be taken To-
I uurrOW to the House OF Correction OF
"a Lew mltthnLs t. serve lo- DAYS. Judg,
NIef opinion S"@l"Ins 'A' Judges Oh
Guy courts VINO nave mus SruI' nee! r.
Si"hurh'S lof second "i'u'S Oh A"'"AI
'''l'"' az" III S""S'''V' "'"'lS 8"i"''i'
"huout M"IS"H 10 receive men mus COM
ihltt'u'
ne court r"l'd 'Hau tio act Oh l''-
commonly N'""H as 'l'' H''"Sc Id" "a.
NOT r'p'hI SrotI"h '-"'' '. >" "Hlci
pr"%lHtS tl't as an "It'rh'tlNo Sr"t'"''
l"f Il lh" ana '"S'H' J"'S"S "I ''tN '""I Is
an" J"S'I''S "I tn' peace may sentence
n E'>p"i'H'"t /" the house "l 'orI'''l"i
Tor tifce tI!h'S 'S many u"NS as 'u'
dollars III ms me an" COSTS mere =
ais" no reason IN law WNE respondents
IN Su,h cases SH"uI' -. exempt IRON
payment "l Coz Is III ""'lu"H To HHe
me mltilihuS III tH' case AT oar wac
declared uol"'uNV III mat II d'd not lrpl'
cry drScrlnc ihc criminal offence charged
In othof WORDS II Shoulu nave read ~"
ing louhd intoxicated instead OF
second offence OF lntoNlrauon. The re
sp'Hdeh', however sA""id LOT De rcieaS,'
because tne 4nli' iiiuS Oh "Ilch ne II neg