The Barre daily times. (Barre, Vt.) 1897-1959, 1922-09-07

amenable, does not provide in letter
or by implication that blank ballot
shall be provided for any party, but
on the contrary specifically provides
that ballots shall be prepared for all
parties participating in the primary.
| 1t does not authorize BY word or
otherwise an official whose duty it Is
to provide the ballots for the primary
election for parties which he thinks
might possibly like to vote at the
primary or which did vote at the gen
/ eral election of 1920 or in previous
years, bat for such parties ais are par
ticipating in the primary.
| The official whose duty 1t is to pre-
pare the ballots under and by virtue
of the authority vested in him by the
statute, and not otherwise, has abso-
| lutely no official knowledge upon which
to base mis- official act, in preparing the
ballots, that any party in participat-
ing in the primary except such party,
as has made it's existence known to
| such official by the filing of nomination
papers, of candidates for office to come
before the primary election for the
approval or disapproval of the voters
| by their suffrage, and while such Off
cial may expect or believe that any
party which had failed TO take adyan-
tage Of its rights and privileges pro-
vided especially by the statutes, to
| file nomination papers. might use
blank ballots at the primary, If such
were provided vet that presumption
or belief does not authorize, entitle or
justify him in stepping outside the
line of his official duty, imposed upon
Kim by the statute, and prepare blank
ballots for the use Of any party. at
the primary election, and the only as
sumption growing out Of the fact that
party has failed to take advantage
of the provisions of chapter . of the
general laws governing the primary
election in toto, which such official can
rely upon, with safety, Is, that such
party by its own voltion and option
had chosen to avail itself of the pro-
visions laid down in chapter 10 of the
general laws in the placing Of its party
ticket" on the official ballot at the
general election in November, il in fact
it desired to place any party ticket
before the electorate at such election.
1t is not question of whether the
trainers of the present law did or did
not foresee that by reason of the in
ertia of any party to take advantage
OF the provisions Of one law, when 9th
err provisions Of the statute are open
for such party to correct its own fault, |
if fault il is. without final detriment |
to such party and it is not fair to pass
judgment that any party has been dis
franchised in any respect, by reason of |
the fact that Of its own volition II |
did not avail itself of its full rights
and privileges, for each party is gov
erned by the same laws and can take
advantage of them as il sees fit. and
it is matter wholly within its discre
tion and not matter Of discretion
on the part of the officials whose duty I
il is TO provide ballots to depart from
the dictates Of the law which defines,
prescribes and holds him responsible
for his official acts.
| do not hesitate to take the stand |
that | am not in sympathy with the
present primary law and sincerely
hope to see its passing" ehronicled
before our next legislature rings down
its final curtain.
Thanking you for your courtesy and
with high personal regard, am,
William II. Sprague,
County Clerk.
Chelsea, VT, Sept. 4. 1922.