Windham County reformer. (Brattleboro, Vt.) 1901-1906, 1904-09-30

tend or control It's meaning Thus II
the constitution declares that n thing
! shall be done In particular manner
or way, II is implied necessarily that
IL shall not he done In any other
have had the honor of n seat In
each OF the two houses Of the legisla
ture, and OF six successive elections TO
one Of the highest offices In the state
by Joint assemblies OF both, and have
received many courtesies from officers
of the state, for all of which | justly
return the highest respect TO the law
making power OF the state and all It's
other departments. But all who have
observed well know that legislatures
of the states and even the congress
of the United States sometimes,
through mistaken zeal or otherwise,
go beyond their authority, and that
when they do the excess Is absolutely
void When right Is given by a con-
stitutlon no legislature, acting under
the constitution, can take away the
right or impair or obstruct II. In this
matter the legislature could not
weigh down the voters simple ballot
of the constitution consisting only of
the name of the person voted for
with confusing additions of other
names to be selected from, nor OBJ
struct the way to the constable by
making 1t lead through solitary
| places
So sacred and strict is the right of
the freemen OF towns to elect repre-
sentatives by the constitutional ballot,
that If no freemens meeting should
be warned by the constable or other
wise. nor any voting machinery be got
out and put up nor any votes be sup
piled. nor any constable or gate
keeper or ballot clerks be present, the
freemen would have right TO meet
on the day appointed at the usual
place and organize themselves into
a meeting by choosing n presiding
officer and to elect a representative
by such ballots, who would accord
ing to well established precedents,
be entitled to and allowed his seat.
The constitution always provided,
chapter !, article s:
THAT all elections ought to be
free and without corruption, and that
all freemen having a sufficient evil
dent, common interest with and at
tachment to the community, have a
right to elect officers and be elected
into office, agreeably to the regula-
tions made in this constitution"
These may be old fashioned notions |
but the original constitution itself de-
clares. Article IS: THAT frequent re-
currence to fundamental principles
is absolutely necessary to preserve |
the blessings of liberty and keep gov
eminent free"
NV vote in this instance was of no |
great consequence, but my right to |
vote is no less than that of the great
est. and no greater than that of the |
least. freeman of the state and as
such is of high importance to all and
TINS hn
modern tendency to disparage indi-
vidual responsibility or freedom.
OF course this would not exclude
providing for keeping track Of voting
by check list or otherwise so long as
The freedom of the voter Is not inter-
fered with, but the exclusion of
voter because his name Is not on
heck list is a different question from
hat.
HOYT H. WHEELER.
Judge Wheeler is better qualified 10
discuss constitutionality of laws than
he editor of the Reformer He has,
however, evaded the point of the crit {
cism which was that his manner Of
disapproval OF the law was /,
lot proper and was a bad example for Z
lHeTS less wen iIloTiltu anu Wou'u
lot have been permitted by the off,
ers of the election In man Of less
prominence.
1t Is perhaps idle to discuss the
uestion further, but It may not be '
altogether wide of the point to put
wv questions to Judge Wheeler which
ill explain the reason why his state
tent fails to hit the mark. y y
/. Did you, or did you not, vote at p
lie last election in conformity with s.
lie provisions of the Australian ballot 4
w, as you understand them? "
2. Is defiance of the law of the 81
ate the proper method to pursue to
;tabllsh the unconstitutionality of
lch law? II
8. Is it any part of your functions 81
a private citizen or in your official -
pacity to decide whether or not a n
ate law is constitutional? h,
4. As a question of moral right and IL
rong is it not true that there are ~
VS. of higher authority than even the hi
and that any citizen who m
leves that the constitution is not 80
accord with these higher laws has ta
;ht to show his disapproval of the Sc
Institution by refusing to be govern er
by it, if your example and argu- w
emit are followed to their legitimate
Inclusion?
). Does your acknowledged charac- err
; and record as a public servant da
We any bearing on the case? RI
J. Inasmuch as the Reformer was
, only newspaper which presumed
discuss the question at ALL would it ~,
have been more courteous and he
propriate to have submitted to it er
publication first whatever you may re
20 ooroa 70 Gov, ~, tha s,,hiao+o Mr.
" 9''y ~ w Off