The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1916-02-18
Those Whose Taxes Are Un-
paid Feb. Is Disqual-
flied by Law
QUESTION AROSE
OVER REFERENDUM
Attorney General Advises Secretary of
State Not to Go Back of Returns to
Find Irregularities - Disqualified
Himself by Late Discovery.

'@eNN~ -NOS w SHO odCh VI h6LuIQS TO
Find Irregularities - Disqualified
Himself by Late Discovery.
That voters who had not paid their
taxes previous to Feb. 10 are not eli
gible to vote in town meeting. when
the primary and prohibitorv law refer
cndums will be voted on. is the official
| opinion of Attorney General Herbert c.
Barber of Brattleboro, given to Secre
| tary of State Guy W. Bailey of Essex
junction. 1t is his opinion, further
that the secretary of states dutv is
| to accept the returns without going
back of them to determine whether q
check list was used or TO determine
any irregularitv.
Attorney General Barber's opinion
! is based upon the statutes, which them
serves dlsquahfy voters not paying
their taxes before Feb. Is. Probably
/ there are thousands in the state who
/ had not paid their taxes previous to
that date, what the result will be
with respect to the referendums is
/ problcmatical.
When interviewed by The Reformer
/ Mr.. Barber pointed out that he did not
make the law and that the law must
/ govern as it was framed by the legis-
| lature. He was asked for advice bv
the secretary of state, and the advice
/ given extends only to the secretary of
state and is not intended 10 govern the
acts of any town official. 1t does not
prescribe what course the towns shall
pursue at the meeting to secure a le-
gal vote, as Mr.. Barber is not called
| upon to give advice to town officers.
Previous to the last session of the
or & "a l.
j before time to vote was entitled to
cast his ballot but the legislature
changed the statute by specifying Feb.
/ 10 as the time limit. That the legisla-
] ture must have had something definite
IN mind in making the change as to
the qualification of voters is verv evl-
dent, says Mr.. Barber
This change in the qualification of
voters Mr.. Barber SAYS was not known
TO him until the matter of voting on
the referendum laws came to his at
tention. He thought one could vote if
he paid his taxes any time before the
meeting, and he even DELAYED paving
his own taxes, so that the statute
makes him ineligible, under No. III
of the Acts of 1915.
The correspondence between Mr..
Bailey and Mr.. Barber is published bv
Mr.. Bailey's consent. Mr.. Bailey s let
ter was as follows:
secretary's Questions.
Dear Sir: Section 33 of number of
the acts of 1915 and section 80 of III
Of the acts of 1915, provide in part
that all regulations provided by law
for conducting general elections shall
be applicable to the votes provided for
in said acts
Having in mind the provisions of
section l47 of the public statutes as
amended by certain acts of 1915, and
also having in mind the provisions of
title relating to general elections,
will you kindly advise me respecting
the following:
First: Is it my duty to prepare full
instructions for the guidance of voters
in regard to obtaining ballots, the man
ner of making them, the method of OBJ
tanning assistance in making such bal
lots, and as to obtaining new ballots
in place of those accidentally spoiled
Second: Is it my duty to cause such
instructions, together with such sec
tions as provide penalties for offenses
against the purity of elections, to be
printed in large clear type, on sepa-
rate cards, to be called cards of in
struetion?
Third: Section 80 of No. 4 of the
acts of 1915 and section 81 of number
III of the acts of 1915, provide that
town clerks shall report to me upon
blanks furnished for that purpose, the
result of the vote upon the two prop
ositions set forth in said acts
Having in mind such provisions, in
case the report made to Inc shows ON
the face of the report that no check
list was prepared and used as at free
men S meetings, should the report be
accepted by me2
In case oral evidence is presented or
objection made that the so-called elec-
tion is in any way illegal, should the
report be accepted by mel There is
so much confusion about the meaning
of the law and there will be so much
partisanship that the foregoing ques
tions will surely be raised and there
fore, / wish to be advised correctly in
ample time so that L may be in a po-
sition to act promptly when the ques-
) tions are presented.
; The foregoing questions are intended
to raise indirectly the questions as to
whether at the annual March meeting
a check list must be prepared and used
in the same manner as at the general
elections; as to whether a freeman who
has not paid his taxes has legal right
to vote on the primary and prohibitory
law referendums and not on the IL
J cense question.
Mr.. Barber's Reply.
In reply Mr.. Barber said: Your let