Windham County reformer. (Brattleboro, Vt.) 1901-1906, 1906-01-26
AN EXPERT OPINION.
Corrupt Practices" Law Analysed by
Lawyer Sargent of Ludlow.

In the interest OF the puDilc anu the
various publishers of newspapers in
Vermont who have taken up the ques-
ton of the legality of proposed politi.
cal advertising, the Rutland Herald
has procured a careful legal opinion
from John G. Sargent of the firm of
Stickney, Sargent & Skeels in Ludlow.
Briefly, the opinion is as follows:-
at is the duty of courts in constru-
ing statutes t. so construe them as not
to contravene any constitutional provls'
ion, if the statute is susceptible of such
construction. / think this statute means
lust what its title states, that it is An
Act to Prevent Corrupt Practices,
which means in this matter, the proven
ton of corrupt action by newspaper ed
itors and others.
81 think that the expression of edi-
torial opinion in newspaper, when
for money is sold by the publisher and
bought by person seeking nomina'
ton for election to political office, is
corrupt practice and is the kind Of
support and advocacy forbidden by
this statute, and that the act being cor
rupt. the statute forbidding such act is
not in contravention of that provision
of our constitution which reserves to
the people "a right to freedom or
speech and of writing and publish
ing their sentiments concerning the
transaction of government, and con.
cludes that therefore the freedom OF
the press ought not to be restrained
"Upon the same ground an article
published in a newspaper avowedly as
advertising matter, in the space in the
newspaper reserved for the publication
for hire of any matters that any person
sees fit to advertise, and purporting to
express the opinion of the person alone
who pays for the use of that advertis-
ing space in the newspaper, is entirely
free from any element of corruption,
and in my Judgment, is not intended to
be prohibited by this act.
eff the legislature did intend to pro-
hibit such publications, it undertook to
act in contravention of the article of
our constitution above referred to, and
further in contravention of Article
7th, Article Sth, and Article 9th and
such action is nullity.'
Article 18th, which bears more direct
" on the matter at issue, reads as fol-
lows -
"That government is, or ought to be,
instituted for the common benefit, pro-
lection and security of the people, ma
ton or community; and not for the
particular emolument or advantage of
any single man, family, or set of men,
who are a part only of that commun-
ity; and that the community hath an
indubitable, alienable, and indefeas-
ible right, to reform or alter said gov
eminent, in such manner as shall be,
by that community, judged most con-
ducive to the public veal"
Article 18th, which has also been
quoted in connection with this "cor-
rupt practices" act, reads as follows:
''That the people have right to
freedom of speech, and of writing and
publishing their sentiments, concern
ing the transactions of government,
and therefore the freedom of the press
ought not to be restrained. -
Other sections of Mr.. Sargent IS opin-
ion in regard to the law cover the fol
lowing points, which, however, are of
minor Importance, dealing with matters
of detail
Such advertising space may be used
for furthering the views of candi-
date.
1t may be used for discussing or adj
vocating political and economic princi-
Piles.
1t may bear his name in connection
with bureau.
1t may be used to advocate his cleo
ton, the language of the law referring
to nominations only.
Tt may be used to oppose the election
or nomination of another candidate.