Windham County reformer. (Brattleboro, Vt.) 1901-1906, 1906-03-30
Mr.. ECkELS TO Mr.. Fits
IN REGARD TO JUDGE wHEELER's
METHOD OF VOTING.
Thinks the Judge Should Have Been De-
priysd Of His Right to Vote, but Did Not
suppose Him Subject to Criminal Prose
cntions-Psrtinent Opinions.


Clarke q. Fits.
Attorney General,
Dear sir-I received from DIR. IL. ID. liol'
ton, moderator under date OF March ~
copy Of your reply TO my motion In reference
Ia violation of section 81 OF Act No, j, 20
provide for the purity Of elections aud Sc
rreey Of the ballot. II il evident from the
nature Of your reply that you have mis-
understood my intentions In this matter MY
action was in the nature OF direct chaf
lenge OF Judge II. ii. Wheeler's vote Whiie
In the act OF presenting my challenge and
stating my reasons therefor. his vote was
accepted and deposited and the moderator
decided he would refer the matter TO the at
lorney, general, hence my motion request
ing the moderator 10 secure an opinion from
the proper legal authorities rs TO the legality
of the manner In which Judge Wheeler per
sists In marking his ballot
In regard to your instructions ms TO what
| should have done In case OF violation OF
the law. permit me to say that ] fully UNI
derstand all my duties and rights under the
law, and accepted that which l considered
my only right and duty by challenge. IL the
challenge had been accepted and his vote
refused, the honorable judge could then have
appealed 10 the courts and had this matter
Q ~
am not complaining OF the action OF Dr.
H. r. Holton as moderator or presiding OIL
Ger In this natter as the whole business
was done so quickly that / do not believe
he realized my intentions until after the bal
lot was accepted and deposited. ] did not
make any complaint to the states attorney
town grand juror or prosecuting attorney,
as there was no cause for criminal prosecu'
tion, and fully realizing that, while they all
may have opinions OF their own in regard
TO the law they have not the power to amend
change or repeal any law or any part oil
law That duty belongs to the courts OF
the general assembly and ii is well II is So
You are aware OF the fact that IL is the
duty of all loyal citizens to accept and obey
the laws AS they are written. That has
been and is my way OF doing. II may seem
an old.fashioned way TO some folks, but u
has had the endorsements of three prominent
lawyers in this state.
Permit me to quote those endorsements:
Clarke C. Fits,
Attorney for License Commission. septem'
Der, 1903.
Gentlemen-There is but one way TO in
terpret the law and that is as IL is written.
II il is wrong, the courts will so decide.
Hon. +. L. Waterman,
To the License Commissioners, September,
1908.
conference.-the l have not had time to
examine the local option law very closely
your plain duty is TO accept the law as II
is written and act accordingly. II the laws
are wrong you can depend upon the courts
making them right
Judge II. H. Wheeler,
To the License Commissioners, Septem'
Der, 1908.
Gentlemen-while have not given the
local option law much, If any attention. L
do not believe there is any other way 10
do but accept the law as il is written. III
the law, or any part Of the laws, are wrong
the courts will endeavor TO make them right
Now, my dear sir, appreciate those en-.
dorsements very much They sustained my
idea of the laws as a license commissioner in
1908 and are in line with my efforts to pro-
tect the secret ballot law in 1906. ! find
on close examination that the law has not
been repealed by the assembly nor has 1t
been declared unconstitutional by the courts,
Int | fail to find any law or part of law
wherein you discovered that free-and-easy
90. as. YOU. please system of marking your bal
lot as suggested by you in your reply to my
motion.
The law to provide for purity in elections
and secrecy of the ballot has not been re-
pealed nor has it been declared unconsttu'
tional by the courts Let us hope that TINS
pleasant controversy may induce all loyal
citizens to accept and obey the laws as they
are written, thereby avoiding any trouble in
the future.
Most respectfully
John J. Eckels
Brattleboro, W.