Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1911-05-04
BARRE CASE Is ARGUED.
Citizens Seek Order sor Recount 81
License Question

Montpelier, May 3.--Supreme court
to-day took up the petition for y writ
of mandamus against the assistant
judges of Washington county. q. H.
Dale and ]. W. Clapp. citing them to
show cause why they have not appoint
ed license commissioners for the city
OF Barre. The attorneys were william
Wishart for the petitioners states At
torney j. ward Carver ard j. w. Cor
don for the Judges. K. A. Hoar. who
was an associate counsel for tho pc
titioners, was unable TO be present
The hearing began at nine o'clock
and lasted an hour. The petitioners.
who are H. A. Rugg and 276 other
residents of the city Of Barre. claim
there was mistake in the count and
II two ballots on which there was no
cross in the square but on which the
word yes" was written. had been
counted in the affirmative, Barre
would have gone yes" by one ma
jority. The authority for this allega-
tion is the statement Of II. \. Rugg.
one of the inspectors Of elections It
is claimed that the petitioners have Il
legal right to a recount OF the vote.
They further claim the sole purpose
of retaining the ballots in the hands
of the city clerk is to allow inspec-
tion by the proper officials If occa.
sion arises
1t is the contention Of the defend
ant judges that they have no authority
over the ballots They hold that they
have no right to inspect the ballots
a 81
alleged falsity of the city's election re-
turn They say that the petitioners
seek to coerce them into appointing
commissioners and then assuming the
burden of litigation If the records
should prove to be false
Several important docket entries have
been noted by the court as follows:
| In the case Of Hiram G. Moore VS.. r.
! v Duke and others the Plainfield record
| book case judgment was reversed with
costs In supreme court and judgment for
| the plaintiff of 81 and costs
The Barre Congregational horse shed
case was decided in favor Of the defendant
! cutler. the decree being affirmed and
| cause remanded
w. r. Johnson & co. VS.. Central Yer
mont Railway company. judgment of
| sS5l& for the plaintiff reversed and cause
| remanded.
Priscilla B. Ferguson ct al vs. Phoenix
| Mutual Life Insurance COMPANY iudg-
ment for sl3, ,33S 80 for plaintiff affirmed
EsseN-Annie Dubois and Arthur Du-
bois vs.. Barney Robey. judgment for
plaintiff for sl62.5 affirmed.
Franklin-Afred Comeau VS. G. c.
Manuel & Sons co. Judgment for plaintiN
for So 5000 affirmed
Lamoille-Selectmen OF Hyde Park vs.
ST. Johnsbury e. Lake Champlain Rail
road CO., dismissed with costs. State vs.
| c. T.. Haskell, putting sawdust in closed
| stream, court sustains the law relating
| 70 dumping of sawdust in streams and
finds that the Legislature was within its
constitutional right in prohibiting through
police regulation the discharge OF saw
| dust into Lamoile river.
Orange-George II. Adams VS.. Andrew
u. I.adeau, judgment for defendant af-
| firmed.
| Orleans-Grank F. Holbrock VS. J. J.
| Quin!an e Co, and Bundy and May
trustees, Judgment for plaintiff for ST.
3S425 affirmed and cause renanded for
further proceedings against trustees
| Rutland-Wiliam F. Gee W. Frank H.
Baird, discontinued without costs 70
either party and bond discharged state
| vs.. Alexander keys estate, Judgment
affirmed to be certified to probate court