The Waterbury Democrat. [volume] (Waterbury, Conn.) 1917-1946, 1935-08-23

contention Of said Dunais is also
without effect. Section 701,
General Statutes of the state Of
Connecticut specifically sets
forth that enrolment in any
other political party or organiza-
ton, active affiliation with any
other political party or organ
ization, knowingly being can
didate at any promiary or cau-
Gus at any other party or poll
teal organization or being a can
didatc for Office upon the ticket
Of any other party or organiga-
ton within the period of two
years prior to the date Of the
notice as hereinafter provided
shall be prima facie evidence
that any such elector is not at
iliated with the party upon the
enrolment list Of which his
name appears and that such
elector does not intend to longer
affiliate with such party or Or
ganizatlon and upon reasonable
proof of any one of such acts,
the name of any such elector
may be stricken from such list.
Witnesses Barred
Section TOO provides that
when no witnesses shall be pres
ent at any such hearing to testi-
fy to the removal Of the name Of
an elector from any list on
which the same shall appear or
against placing the name of an
elector upon party list or
against the restoration Of the
name Of an elector to a party
list from which the name Of
such elector shall have been re-
moved, the registrar before
whom the hearing shall be held
shall make o statement Of the
facts in his possession showing
why the name of any such cleo
tor should be erased from such
party list or why Is should not
be placed upon the party list as
requested by the applicant or
from the party list upon which
1t appeared.
Regular Republican
Neither the said Peter H. Dun
ais nor any witnesses appeared
to show cause why his name
should not be stricken from the
enrolment list nor restored
thereto. However, the attorney
for said DUMAS emphatically de-
MED that said DUMAS was ASSOC
ciated with other than the re-
publican party. The committee
must rely for information upon
the facts which have been SUBJ
mitted before 1t. 1t IL not within
the intent of the statute that
such committee should be a
fact-finding body but rather that
1t should decide whether the
facts submitted warrant the con-
ciusion that the elector Is affiM-
ated with another party. The
elector may speak through his
attorney.
There was, therefore, no alter
native but for the registrar OF
voters to act under the provisions
Of Election 700 Of the General
Statutes of the state Of Connec-
tiout which are mandatory and
specifically set forth that in the
event of his being of the opinion
that such person on the enroll
ment list Is not affiliated with or
in good faith q member OF that
political party, that he shall"
cite such person to appear be-
fore himself and such member
OF the political party as shall be
duly designated by him.
Hearsay Evidence Out
In citing said elector before 1t,
the registrar in the absence of
the elector through refusal to
comply with the summons Is
forced to the conclusion that the
elector Is not in good faith af-
filiated with his party.
It Is permissible, however, to
speak through a representative
and while there is no explana-
ton as to the absence of Mr..
DUMAS, the expostulations of his
attorney clearly indicate his de-
sire to afflliate with none other
than the republican party.
In the absence OF fact sub
mitted before 1t the committee
will not be guided by hearsay
evidence no matter how well
founded 1t may appear to be.
It is therefore directed that
the name of Peter H. DUMAS
shall remain on the enrolment
list of the republican party.
ALBERT o. TALLER.
Republican Registrar
of Voters.
VINCENT II. MILLER.
Member OF
Ranllhlican pnriY