Windham County reformer. (Brattleboro, Vt.) 1901-1906, 1904-09-30
Judae WheeIer's Statement.

The criticism of Judge Wheeler
method of casting his ballot at the re
cent election has elected the following
statement from him, which was pub
lished in the Vermont Phoenix las
Friday:
Some criticism has been made upor
my voting at the late election, which
If the law of the subject were as it il
assumed to have been by the learned
writer, might be well founded in rea-
son if not in good taste. The founda-
ton of the law on this subject was
put into the constitution when it was
framed in 1877, chapter 2, section 10
1t is that the freemen shall on the day
of election bring in their vote for
governor with his name fairly written,
to the constable" and the lieutenant
governor and treasurer shall be chos-
en- in the manner above directed, and
each freeman shall give in twelve
votes for twelve councillors in the
same manner"
When senators were substituted for
councillors in 1886, it was provided
that freemen should give their vote
for senators "at the same time and
under the same regulations as are now
lors" When in 1850 the election of
secretary of state and county officers
was taken from the legislature and
given to the people, it was provided
that their election shall be made at
the time and in the manner now di-
rected in the constitution for the
choice of senator's" And the latest
amendments in 1870, when annual
elections and terms of office were
changed to biennial, provided
Section 2. The governor, lieutenant
governor, treasurer of the state, sena-
tors, town representatives. assistant
judges of the county court, sheriffs,
high bailiffs, states attorneys, judges
of probate, and justices of the peace,
shall be elected biennially on the first
Tuesday in September in the manner
prescribed by the constitution of the
state'
Thus the manner prescribed has al
ways been the bringing in by the free
men of their votes for the officer, with
his name fairly written, to the con-
stable. This has been carefully kept
along, and is the fundamental law
now as to the form of ballot and mode
of voting, which no legislature can
change, and which cannot be changed
but by an amendment to the consti-
tuition. The ballots are their" bal !
lots, and the ballot of each voter is !
his ballot all the way to the constable, /
and he cannot be required to have !
anything on it but the name fairly !
written, nor to turn aside into any !
place of solitude in preparing it or in
reaching the constable. Print is a
kind of writing, and printed votes
have been held by the supreme court |
of the state to answer the require
ment that they be fairly written.
I desired to vote at this election
and went to the polling place and
came to a gate between me and the
constable, but it was politely opened
for me to pass through, and forms of
ballots were handed to me. | adopted
them as my own, prepared them
openly in my own way, and took them
to the constable who received them
graciously and put them into the pro-
per boxes. | suppose they were count
ed. 1t has been suggested that my
ballots were prepared in defiance of
law were illegal. and should have
been rejected by the constable, but he
knew better than that. The statute
invoked does not attempt to provide
that a ballot not marked in any par
ticular place shall be Illegal, or be re-
jected. nor provide any penalty for
offering a ballot prepared outside Of i
such place from which illegality might /
be implied. No law or form of law
authorizes him to watch from whence
he freemen come. whether from Sc
ret places or free and open spaces.
md to accept or reject their ballots
all he has to do about
1allots in this respect is to receive and c
deposit them. And my ballots were {
rot given in defiance Of the law, nor 2
n disrespect to the law-making power q
# the state. but in vindication of my G
light and that of every other freeman
n the state TO vote according to the
supreme law.
The constitution does not in express
words prohibit other forms Of ballots, e
" modes of voting but the require e
nent of this form and mode implicitly $