Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1922-10-26

ballots in the preceding section"
Title three includes not only chap
tiers twelve and thirteen, with refer
ence to election, but also chapter nine
concerning nomination by primary
elections so that there can be no
question, but that under sections two
hundred thirty one and one hundred
twenty nine of the General Laws bal
lots which contained blanks for both
Republican and Democratic nominees
and which, accordingly, were not
provided in accordance with Title
three should not be counted. They
( should be marked defective" on the
back thereof and returned and pre-
served in accordance with Section
two hundred and thirty Of the Gener-
al Laws.
Justice VIM. H. Taylor presided at
the hearing and the following is the
full test of his opinion.
These proceedings are brought un-
der G. L. 1873 to contest the nomira-
ton of the petitioners as candidates
of the Republican party at the COM
ing election. Aldrich contests the
nomination of Brewer as candidate
for the office of judge of probate for
the district of Essex and Bishop the
nomination of Beattie as candidate
for the office as sheriff of Essex
County. The petitioners are both res
idents Of Brighton in said County.
George A. Hubbard of Guildhall, the
county clerk, and Oliver H. Cameron
of Brighton, chairman OF the Repub-
lican county committee, who consti-
tuted the county canvassing board,
are joined as defendants in both pet
itions. The allegations of the petit
tons are in all material respects the
same, except the names of the par
ties and of the offices involved. The
petitioners contest the nominations
of their opponents, as we'll as the
validity of all the votes cast fol
them; and that the certificate Of the
canvassing board be vacated and fol
an order declaring them to be the
candidates Of the Republican party
for the respective offices and entitled
to have their names appear as sucl
upon the ballots to be used at tn
general election. The cases wer,
heard together by agreement anc
rest upon the same state of facts.
No question is made but what a
the primary the parties to these con
tests received the number of vote
canvassed and certified by the count,
canvassing board. From their certifi
cate it appears that Fred A. Brewe
received 453 votes as candidate o
the Republican party for the office o
judge of probate, as against So vote
cast for the contestant Aldrich; an
that Richard Beattie received as
votes as such candidate for the offic
of sheriff, as against go votes cast 70
the contestant Bishop. The onl,
ground of contest is the claimed il
legality of ASP votes cast for Brewe
and Asst votes cast for Beattie. TIL
only votes received by the contestant
were cast in the town of Brighton
and it is claimed that the only lega
votes were cast in that town, wher
Brewer and Beattie received the vote
rat are conceded to them. The votes
the validity of which is contested
were cast and counted in the remain
ing towns of the county. The numbe
of votes cast for Brewer and Beatti
respectively in the town of Brighton
which were rejected as invalid doe
not appear; but it does appear tina
only the votes for candidates for nom
nation to county offices cast on tn
"cut ballots" later referred to, wer,
counted and returned from tina
town. 1885,
The ballots prepared by the count!
clerk for use in the several towns o.
the county were identical in form
and were made up as follows: In
column at the left, under the capt1or
Republican Party, appeared thu
names Of the persons entitled to have
their names printed upon the primary
ballot as candidates for nomination
by the Republican party or the Office
indicated. The name Of only one can
didate for nomination a fulmydo liz
r didate for each office appeared there
on, that Of Brewer appearing as can
: didte for nomination as judge Of pro
bate and that of Beattie as candidate
/ for nomination as sheriff. In a par
allel column to the right under thu
caption democratic Party" appear
ed q list of the county Offices will
S blank spaces for writing in names
/ and beyond this a similar column
l. ~ MI A-....