Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1922-10-26
Brief for Respondents by
Amev & Cameron

This proceeding is before the Hon.
William H. Taylor, Justice of the Su-
preme Court for the State of Yer
mont and is brought under Section
1873 of the General Laws, the sub
stance and fair Interpretation being
for correction of errors or omissions
in the printing of names of candi-
dates on the official ballots and for
prevention of the printing and of
names wrongfully proposed to be
placed thereon, and to prevent any
wrongful act or negligence of duty,
and to correct wrongful acts and neg
ligences on the part of offirials, can.
vassing boards, or other officials in
authority.
The essence of the Statute is to
prevent wrongful act which would
lead to the nomination of candidate
not the choice of the electorate.
This is case which involves an
Interpretation of the entire primary
election laws; and we must differ.
entiate between "directory and man.
datory" and between "form and sub
stance" The real will of the voter
must not be defeated, and any arti
ficial barrier against it must be swept
aside.
Sec. SO, G. l..
The reading of the above section
will conclusively indicate to any un.
biased judge the intention of the leg.
lslature. to prevent any artificial bar.
rier being placed so as to defeat the
will of the electorate, and deprive
the legal voters of their right to par.
@ticipate in the nomination of candi.
dates.
Primary elections for County off.
GERS were held all over the State or
18th day of September, 1922. The
canvass was made on the 10th day Of
September, and the petition for hear
ing signed and citation issued on thu
23rd day of September.
Herbert E. Aldrich contests tn,
nomination of Hon. Fred A. Brewe,
for Judge of Probate for the Distric
of Essex, and Charles E. Bishop con
tests the nomination of Richard Beat
tie for the Office of sheriff of tn
County.
Section 110 of the General Law
provide that, "the names of all can
didates for the same office shall b.
printed on one ballot with the name
arranged in party columns similar t.
the ballot used at general elections
Each party column shall be heade
by the name of the party in plail
type" Section 110 is amended b.
number of the laws of 1921 whic
require that, Separate ballots shal
be provided for each party partici
pating in the primary" Both the lay
and the amendment provide that tn
ballots shall be printed on white pa
per. Certificates of the primaries wer
sent to the County Clerks office b
all the towns in the County. The car
vassing board met. The original ba
lots were not returned and were nc
required to be returned to the car
vassing board. Neither one of the pt
titioners was either present or repre-
sented by counsel, and this boar
certified the nominations for Judg
of Probate and Sheriff of the Count
in the regular and orderly way.
Sec. 118, G. l..
The ballots, instead of being prin
ed separately as required by the 1872
amendment, were placed on the san
sheet of paper according to the pr
visions of the law existing prior
the time when the amendment toe
. effect. The petitioners claim that I'll
( ballots so cast are void and it is f,
the Justice of the Supreme Cou
now sitting to determine wheth'
such ballots are void or otherwise.
The facts underlying this petite
are supported by and arose out
some local dissatisfaction at Islar
Pond. The double ballots were use
at Brighton until the latter part
the afternoon when a bevy Of abo,