The Barre daily times. (Barre, Vt.) 1897-1959, 1916-03-02

clause in each of the sections last re
ferred TO has reference to such regula
tions for conducting general election
as are appropriate to the conduct oil Vot
ing in a particular town.
"Giving this construction, the matter
of checklists not being mentioned, We
think the acts contemplate that the gen
eral provisions of =. S. 50, relating u
checklists at local elections, should gov
ern. There is nothing indicating that any
checklist is required, except under tha'
section, and there the requirement de
ponds upon the town being OF more thar
four thousand inhabitants, or upon pc
tition in writing of twenty or more OF the
legal voters being presented to the select
men therefor. In either of those events
the selectmen are required, at least thir'
ty DAYS before the annual town meeting
TO make a checklist of the persons quall'
fed to vote at such meeting, cause copies
thereof to be posted, etc. If no cheekllst
has been provided as required by that
section, the right of man to vote on
the questions of the referendums undef
consideration does not depend upon the
presence or absence of checklist: but
rather upon whether he falls within the
class of voters contemplated by the leg
islature.
sIf checklist were required III every
town in any event, the two enaetments'
like the act submitting to the people the
question of the proposed constitutional
amendments, would most likely have had
provisions expressly relating thereto. "A
statute is to be construed with reference
to its manifest object, and II the IAN
guage is susceptible OF two constructions
one of which will carry out and the other
will defeat such manifest object, IL
should receive the former construction.
In re National Guard. II Vt. 493, sti.
1851: Elk Parte Cohen, l04 Cal. 524, AZ
Am. st. Rep. l27.
III the purpose Of the legislature was
to place the matter OF such voting before
the town meeting as such, it was q very
easy matter to say so in apt language
and to get the expression OF those VINO
could legally vote in such meetings, with
out making the regulations for conduct
ing general elections applicable to the
votes provided for The view here eX-
pressed is strongly borne out by the pro
visions in each act that a special box
shall be provided for the reception OF
ballots provided for in this act, when
shall be opened at the hour the meeting
is called, and shall remain open until the
close of the meeting not earlier than
O'Clock in the afternoon. 1t IS slgnii1cant
in the same direction that no officer OF
the town meeting has authority to de-
clare the results of the votes SO given, 1t
being made the duty of the respective
town clerks to report to the secretary OF
state the result of the votes, not the re-
suit in any town or towns, but IN the
whole state.
"From the above consideration, 1T IS
manifest that the questions of these ref
erendums were not placed before the
town meeting as such but for convent
enee. and perhops for economy, there
were placed before the people at that
time and place, not as town meeting
wherein only those who paid their taxes
before specified date had right to
vote, but in effect as special meeting OF
the freemen, in which all those who are
entitled to vote at general elections may
vote irrespective OF the payment OF their
taxes. The legislators are the represen-
tatives of the people, and nothing short
If plain and unmistakable language,
showing such to be the intention OF the
will justify the conclusion
hat these important questions, affecting
bhe entire people of the state, were SUB
nitted by that representative body other
than to the people it represents. To sub
milf the questions to less than the entire
voting element of the people would be in
conflict with the fundamental principle
IF democracy, the exercise OF power py
he mass of the people,
"The record shows that the checklist
which the defendants, as the board OF
,iyil authority, were revising on the 26th
Law of February, was a copy OF the
checklist filed in the town clerks ONCE
IF the town by the selectmen, under the
of section IS of the public
statutes. We understand that the relator
IN demand was entitled to have his name
Inserted thereon. so that he may vote on
the questions of the referendums under
fhe two acts of 1915. at the time of the
annual meeting OF the town OF Brook |
ield. March I, 1916.
Judgment that the prayer Of the pc |
.;+;o,, l. granted and that mandamus |