The Barre daily times. (Barre, Vt.) 1897-1959, 1911-05-10
PROCEEDINGS QUAsHED.
Supreme Court Refuses to Entertain Pc
tition for Mandamus.

The Vermont supreme court, in a de-
cision handed down late yesterday,
quashed the proceedings brought by II.
A. Rugg and 275 other legal voters OF
Barre, who petitioned for mandamus to
compel the assistant judges to appoint
license commissioners for this city on
the ground that the city really voted
'Yess instead of the "No" majority of
one vote. as counted. Not only thar,
but the decision allows Assistant Judges
Clamp and Dale to recover their costs
The case was argued before the SUI
preme court judges last week, and the
matter was given, into the hands Of
Judge Watson for preparation Of an
opinion. The opinion states that the as
sistant Judges are not required by law
to count the ballots cast on the license
question and that there is no statute
providing for the keeping Of the bal
lots cast on the license question after
the vote is declared. Since, therefore,
the law has not made ii the duty of the
assistant judges to count the ballots,
mandamus does not lie.
The Opinion.
The following Il the opinion handed
down:
"The complaint alleges that at the
last annual meeting In the city of Barre
the ballots east on the question OF grant
ing licenses for the sale of intoxicating
liduor were counted and disclosed 770 in
favor of license and al against it, that
two certain ballots We're thrown out
as defective and not counted either way
whereas, in fact, they were intended as
yes votes and should have been count
ed as such; that proper canvass and
count OF the ballots show that the city
voted for license by majority of one;
that the respondents, the assistant
Judges Of the county, being pettioned
by the relators, legal voters OF the city,
to appoint license commissioners for the
city, declined so TO do; and the prayer
IL that mandate issue commanding
them to make such appointments.
"The duties OF the assistant judges
ia matters pertaining to the legal sale
Of intoxicating liquor are prescribed by
r. S. 500. 5.Il and 5.ll4. Section
5l00 provides that II q town votes for
license the assistant judges OF the coun.
ty shall, within time stated appoint
a board of license commissioners of
such town. Section 5,ll relates exclu-
siyely to vacancies in the board and the
filling OF the same. and section 5,ll4,
so far as the assistant judges are con-
cerned, touches solely on the compensa-
tion of the board.
"In these matters, the assistant judges
have jurisdiction throughout the county,
but their duties are sucfNonly as are ex-
pressly Or implicitly given BY the stat
utes. No duty respecting the counting
OF ballots upon the question OF grant
ing licenses la the. different towns il
expressly placed upon them. That there
ID none impliedly. II clear from the
fact that il is impossible for them to
be present at the various town meet
ings at the same time for such pur-
pose, and there is no provision by
statute for the preservation OF ballots
in their integrity to be eonnted at a
later time. Indeed, the statute does not
require such ballots to be kept at all
for any purpose after the result is de.
clared att he annual meeting. No claim
is made that the charter of the city
contains provisions of different effect
touching the question here involved.
CAS- refusing to appoint license com
missioners, the respondents acted ac-
cording to the vote OF the city as de-
elared at the meeting when taken and
since the law has not made it their duty
to canvass and count such ballots at
any time, nor in any circumstances,
mandamus viii not lie to compel such
action BY them Page vs., Mcclure 10
VT. SO, "a Att. 45l.
"Motion to quash sustained and the
complaint is quashed with costs to the
respondents"