Milford chronicle., 1941-12-05
Republicans Lose
Soldier Vote Dispute
toontlnusa lrom Flrss Paesl

Hughes received 81 soldier vote
and Walker 26. But this phase O
the action was never reached il
the argument which centere
around the question of Walker
cbrnplianee or non compliance wit
the Requirements of the statute a
to procedure In contesting the elec
ton and Interpretation Of variou
sections of the law.
Walker had filed petition unde
Section 2023 OF the Revised Code
In connection with this Judge Ter
ry- observed that since paragraph
20I9 gives to the contestant righ
to contest on the ground of illega
vote, Section 202S provides for tn,
procedure to be adopted to enforcl
that right
Petition Called Inadequate
Hughes represented by Howard
Lynch, Jr., and Josiah o. Wolcott
Jr., of Dover. maintained that Wal
ker's petition failed in that it die
not set forth First, the names oi
the election officers favoring tbs
acceptance of the vote, second
whether such votes were challeng-
ed by a duly accredited challenger
of the party of which the contestant
was the candidate, and third, whe-
ther all the judges present at the
polls concurred in receiving such
votes.
The contestant advanced as his
reason for not including such al
legations that, in all probability, II
an accredited challenger had ap-
peared at Camp Upton he would
have been denied admission for the
purpose of contesting the. votes
Counsel for Walker contended
that since paragraph 2019 gave him
the right to contest on the ground
Of alleged Illegal vote, this section
Of the law superseded Section 202S
which outlined the procedure for
fling allegations.
His point was that when his pc
tition contained as many allega-
tions as we're possible to secure,
then the demands of the procedural
provision had been met.
VLucf AuEACo al uCu
! Walker also argued that para
graph 1929 states a challenge had
to be exercised by a duly accred-
tied challenger of the party of
which the contestant was a candi-
date and that that portion of 2023
violates Section 8, Article 5 of the
state constitution which, as coun-
sci argued says the right to chal-
ienge can not be restricted or linz
tied as this right can be asserted
by any citizen of the state.
Walker further contended that
since Article 4, Chapter SO, Revised
Code, does not provide for accred-
tied challengers, that necessity did
not require the presence Of aecred-
ited challengers, and, consequent
ly, his petition or statement should
be contrued to be in compliance in
other respects,
Judge Terry said from the bench
that while he was announcing his
decision last Friday his opinion
would not be filed for two or three
days. However, he stated that
where a person desires to avail
himself OF the provisions Of a
statute which gives him a substan-
tive rightk he must meet the nee
essafy provisions of q precedural
statute providing the means of en-
forcing that right or justifiably
point out to the courts satisfac-
tion his inability to conform COM
pletely to the provisions thereof.
Judge Terry set forth that in GER
tain instances the individuals in
ability to conform in definite re-
spects might be held to constitute
a sufficient excuse for non-compli-
aflce. However, in the case before
the court mo justification or ex-
cuse is offered that could possibly
be construed to be of sufficient inn
port to justify the court in holding
that the contestant had complied
sufficiently to give the court juris-
diction." he ruled.
Says Contention Without Merit
The court did not go into detail
regarding a contention of Walker
respecting the unconstitutionality
Of the portion of paragraph 2O2S
to accredited challengers
but did state that it is well settled
by law that zone who seeks to en-
force a statute or avail oneself of
It's provision will not be heard to
question its constitutionality."
However, he commented, regard
less of this accepted rule he found
he contention of the contestant to
be without merit, as, in his opinion,
he Legislature acted within its
proper authority in providing for
challengers under Para
graph 1929, Chapter 60, of the Code.