The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1915-03-27
Question as to Whether Two
More Can Be Elected
Lawfully
COUNSEL FOR TOWN
EXPRESSES VIEWS
May Change Mind After Delving
Deepe: into Legal Authorities-S
vester, Former Lister, Also Talks
Town Meeting Tonight.

The question of legality may be the
dominating feature OF the special town
meeting TO be held this evening in Festival
hall at $ clock for the purpose of re-
scinding the vote Of the annual town meet
ing to have only three listers and to elect
two additional members OF that board
Other articles in the warrant provide for
the consideration OF questions as to wheth-
er the town viii place the town clerk on
a salary basis instead OF paving for his
services by the fee system and whether
he shall be instructed to act in a clerical
capacity for the board of listers,
! Attorney Arthur p. Carpenter, town
counsel, said this morning that SO far a.
/ he had time then to deke into the legal
side of the question he was inclined to
believe the town had no right to undo
anything done at the annual meeting that
/ concerned the election Of ceHcers. He
added that he might find something 10y a
longer search that would cause him to
change his mind. otherwise, in his off
cial capacity as town counsel. he would
express the belief that any action tending
to increase the number OF the board of
listers at special meeting would be lille.
gal.
Provisions Of Act 118.
It is pointed out that No. lis OF the
Acts OF 1872 provides among other things
AT each annual meeting one selectman
one school director and one lister shall be
elected, the term Of office of each oi
whom shall be three years. hut in town.
SO voting. one or two additional listers
or one Oh two additional selectmen may
be elected for term Of one year each. "
. There are legal minds in town who hole
that the intent OF this is to have add
ti0nal listers elected at the annual towr
meeting. II Is expressly specified thai
f their terms Of office shall he one veal
: each and To elect them at a date suhse
( queut to the annual meetng possibly
, would keep them IN Office during a period
that would cover practically the time de
, voted by listers to that work for twt
years.
1t Is further argued by some who hav
spent some time in looking into the legal
ity of the proposed action OF the meetin
that, if it were voted to rescind the vot
taken at the annual meeting to have onl
three listers, and then ii were voted /
have two additional ones it would max
the list illegal if it should he held f.nall
~ that the action taken was illegal.
> As another interesting phase OF tn
= situation it Is said that there is nothin
y. in the statutes to give authority for tn
: listers to engage official help, On tn
-. other hand Brattleboro has done it in tn
r past and Bennington does it now
l. Former Member Talks.
W. L. Sylvester Of West Brattlebor,
il who has served on the board OF lister
, believes that three active, hustling me
: could do the work in the time required /
= law, although in conversation with a Il
4 former representative this morning he az
y, mitted there was some doubt whether IL
present board would get through in tin
* and acknowledged that the most impo
: tant thing was to get legal list. VI
P Sylvester said that in 1909 four liste
, did the work J. I. kaine failing to qua
+ fly that year The average time of eat
u. lister was 10 days and the total cost
the town was S610.5o. In 1911 J.
Barney was i'll during the entire peric
and the work consequently was done
the four remaining members at cost
the town of 1916. That year, Mr.. Sl
h vester said, he put IN but - days. lie
Of the opinion that three able-bodied m'
could get the work done in time if tin
e could have the assistance of a compete
v clerk for about p days.