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WATERBURY EVENING DEMOCRAT, THURSDAY, OCTOBER 3, ,1895. WHICH IS RIGHT? MISUNDERSTANDING AS TO THE METH OD. OF CAofING SCHOOL BALLOTS. V Attorney O'Neill Opines That Two KutpI tpes Ave Kecwssary Kcssrs Bnrpeo and TCvJricU Take a Ilffornt View-The Matter .Referred to Chairman Wolff. Chairman A. J. Wolff presided at the meeting of the district committee last night. All the members were present and the amount of business transacted in a short time was enormous, i The chairman read the following opinions in reference to the manner of casting school ballots : To the District Commiltef of thi Center School District of lYaterlury: You have aeked our written opinion as to th proper tursa atd manner In which the billots cf voters of the Center echocl district ekould be ca?t ia the approaehicjj: election. in. view of tha recent legislation on tha sub ject of elections by the last gereral assembly. We have carefully examined all the stat utes, public Rfid special, heariag upoa the eur-jeot, and with tha follewirg result in the present somewhat complicated and cocfllct toK condition of the laws upoa the sutjact. 1. Thera ia Eethiug in tne district charter or in any of Its amendments which justifies the opinion that vates cast under it, at elec tion provided for by it, ehall be any differ ently cast from tha mode of ballotting in town, city or borough elections, under the general election law. The added fact that ue district's eltctloES, by its special act, oc cur at the same date and under precisely the came conditions each year as de those of these other rausicipal corporations, adds creat weight at the start to the view that it was the intent of the assembly that practi cally tho same conditions, so far as is possi fo'.e. ESiould pp!y to such district elections, As in the eihtr cases, eo the new election law provides that "votes cast for ofllcers of schools or for any educational purposes, under any epeclal law of this state, 6 la all be on one ballot." lience this positive law must be follow td in the case of the Cen tor district. 2. There 13 no prevision er requirement cf law that ecaool ballots shall be of the kind known as "official ballots" furnished bj tho secretary of state under the act. The act It Beif fails to provide for any supply from the eacretary of siate ot any "official envelope" tor any school purposes. 3. The Center di&trict ballot, containing on its face ull the officers voted for, must, under eection 9, Public acts, 18'J5, page 619, be placed lu tho same envelope wmch L-y law contains the city or town tickat or both, as the ease may be. But this provision CEly applies to the "electors" ot the district, and nwt to women voters, women, neither ty the state constitution (amendments, article is) u r by the state statute (title VII, chapter 2-XXilI, section SCO, page 51, revised ISSfc are electors in auy ieal sense, ilale eui' suna of tho United Ktates, 21 years of a bnd possessing other quMiiicaiiaas, are tho ocly auo, n and recognized electors under ur law. Hence. by nil such electors the school ticket must be voted m tho tame envelope as the other ticket cr t;efiets of town or city or both. 4-. As for "wtmen's ballots" at the school election, they are east as an open ballot, as heretofore, in a separate ballot box distinct Ij mnrked, "fcr women's ballots." To tms extent only, and to the general msthods oi tuperviiiug elections and counting ballots. etc., do the statutory provisions concerning elections apyly to theaa. 5. To carry out the statute requirements' then, as we leirard the law. there must b3 in rcuaiutisa at tha coming election lour boxes 1. A bux to rtciva the envelope of an elector containing his town, city and school ballot 2. A tcx ty receive ttm envelope of an eitctor, Cwiiiuinini; bis town and tchooi ballots, in eitvt K hers lo resides without the city lim it. Lul rithm the town and Center school district. 3 A box to receive the envelope f hu icetcr, tcntuiEire his town ticket.ln tacts wnere ho is entitled to vote m the town aioae. i. Aba to contain "women's bal lots' icr Coiitt i school distiict cfiijeis. It is only bj pur.uiag the way iadieated Lt'ic iu that its c:e.'.r as well as frequent y doubtful pruYbici s ot the election law c. n be properly c-.-Ei-;t-d vith. Any other coury would 1 ad to endless coj fusion. Whiie tha jieni:l law of 1805, in section 9, proviots 'hat -'ach elector may place, etc, etc," l-is i-chool bullot in the envelope with tlu re.-st, "ro sun agree that tha word "may" in uh cioiy, in case the eltetor votes or tees Ci to to'e any EChcol ticket at ail. If it vaS nut s ', h.nd tn eleeter hud his option to vote lc M'u-..t mutters, cither ua open ballot, or ojio la tnrt sasae enveicpe, sealed up wi:h either city or t&wn tickets er both, there is no initio of correct ng the casting of a ballot both ways by the sanio elector-sinca he votes in the general bcx ono sealed envelope and in an cpin Oox eculd VJte an open ballot for the san.o fcchool ticket. In a word, thtD, cur opinion is, that the law requires rtoi;, as electors, to vote the school ticket in tha same envelope with the other local baliots which they may by law b3 entitled to vute,und that wim-a vote an open school ticket In a separate ballot box pro vided and labelled for that purpose. Kespeetfully submitted. Lucien F. Euepee, Gkeexe Kesb.'ok. 6. 2,1893 To the Chalrin;m vt tho Center School District Committee : My Dear Sir In answer to the ques tions propounded to me as to whether the ballots cast for school officers at the coming school election are to be placed in the same envelope with the other tick ets voted for town and city officers, I have to answer that 1 have had only a limited time to examine this question, but from such attention as I have been able to give the matter, I should say that they ought not to go into the same en velope. In the first plac-3 the territorial limits of the school are not the same as those of the town or of the city. A voter, therefore, who resides within the limits of the town, but outside the outer rim of the school district, might place a ballot for school district officers in the envel ope with the town officers, and it would be utterly impossible to tell that an ille- gal school district ballot had been enst. In the second place bv Section 3 of Chapter CCLXVIl of the Public Acts passed this year, the secretary of state is to furnish 4,to the town clerk of each town in the state, and in case of-city or borough elections to the city or borough clerk, twice as many envelopes as there are names on the registry list of such town citr, or borough." Nothing is said here about furnishing envelopes at school elections. In section eight of the act it is provid ed that " it shall be the duty of the town clerk, and, in the case of city or borough elections, the city or borough clerk, to deliver to the envelope booth- tenders, at least twice as many official envelopes its there are names on the reg istry list to be used at such election. And it is further provided in this same section, that. 4,it shall be the duty of the town clerk, and, in eases of city or borough elections, the duty of city or borough clerk, to return all unuseii en velopes to the 'office of the secretary of this state. Nothing is said here about urnishlug envelopes to the clerk of a school district organized under a special aw as is our Center school district. In the third place, I do not think that the language of section G applies to our Center school district. Section (i reads, "Votes cast for any educational purpose, under any special aw of this state, shall be on one ballot." So far, no doubt, the act applies aud ill the officers of schools to be voted for must be on one ballot. The next clause, lowevcr, is peculiar. It reads : "At all elections held under the provisions of this act, all ballots, except for no license, shall be placed in one envelope under the. provisions of this act." Uut the school officers to be elected by the voters of the Center school district are not elected at all "under the provisions of this act;" they are elected under the provisions of the special school district act passed several years ago. "lias act ' is an amendment to tne Fublic Acts of 1S30. "concerning elec tions." The act of 1889 provided how certain elections should be held. The act did not provide how election of offi cers in our school district should be held. The officers of our school dis tricts then were, ever since have been and for a long time prior to that time had been elected under the provisions of a special charter granting special pow ers and privileges to our Center School district. ! To what then ft may be asked do the provisions of this act of 1S95 relate. I answer, to the school officers of the town who have for Years been named and voted for on the towu ticket and who are called "Town school visitors." A little history will not be out ef place here. Many j'ears ago tiie town was di vided into several school districts under law, of which the Center School district then was one. Each dis trict elected its own district committee. who looked after the financial affairs of the district; but the town at its annual town meeting alw ays elected a board of town school visitors, whose duties were to look after the educational needs of all of the districts within the town. This system prevails now in a great number of the towns and in all parts of the state. As the Center school district grew in population its needs were greater than the other districts surrounding it and it asked for a special charter. Among the things it was - provided in this special charter that -the power of the town school visitors should not be exercised thereafter over the a Hairs of the Center School district; and the district was au thorized to elect its own school visitors as well as its district committee, only they called it by a different name a board of education, and the district com mittee was called a board of finance. The special charter also provided that the school district officers shall desig nate the places where the voting mav be done. In the other districts the select men designate the place. Under the special charter the board of finance call the legal voters together to elect offi cers. In the other districts the select men perform this act. What is to pre vent the district committee from desig nating a different voting place for the election of school officers from that de signated by the selectmen for the elec tion of town officers; and if a different place were designated, how could the ballots be placed in one envelope? From the consideration I have been able to give this matter, 1 am clearlv of the opinion that the ballots for school officers ot the Center School district can not be placed in the same envelope with other ballots for tow-n and city officers and I am also of the opinion that they may be placed in an envelope by them selves and voted in a separate box. Indeed, I am not sure that the placing of a Center school district ballot in the envelope with the other ballots for town and city officers would not make the other ballots void. Respectfully sub mitted. John O'Neill. When the reading of the communica tions was finished Mr Callond remarked: "O'Neill is right." J. J. McDonald : "I'd rather .stick to the safe side. If you go by Air O'Neill's opinion you are liable'to get into trouble. If you follow the other you are sure to be'right. Uut in any Vase the news papers will have the people sufficientlv in formed on this matter before election day." School Clerk Moran "Yes, the news papers are good educators, and I think it would be safe to leave the mat tar in their hands." Chairman Wolff and Captain Goodrich leaned to the Kendrick-Uurpee view of the situation and thought it would be well to follow- it and avoid all danger of litigation. Mr Gallond wanted to know if Dr Ward knew that there was clanger of making a mistake about this matter and that the district had" asked the advice of counsel on it. Mr. Wolff said he did not know wheth er Dr Ward knew anything about it, but ho had seen him in the hallway a short time ago and perhaps that was' what he was looking up. Mr Uegn'al: "It is evident that the opinion of Mr Burpee is correct, lie was one of the charter makers and knows all about its provisions, and I think it is safe to follow his advice in the matter." Mr Gallond reminded the meeting that Judge Cowell, when asked about the case some time ago, viewed it in the same light as Mr O'Neill and he thought it would be well to be cautious. The matter was finally referred to the chairman with instructions to report through the press whichever method he found to be nearer the intention of the law. On motion of Mr Gallond it was voted that the annual report be printed in the three daily papers. The annual reports of School Clerk Thomas 3Ioran and Treasurer John Uurns were read, adopted and ordered recorded. TIMELY TOPICS. P. J. Bolan's stock of general hard Prices ware is complete and up to date will suit you, too. The latest styles in wall paper are shown by Dew's, at his new store, 33 East Main street. E. T. Turner & Co's opening is over. Now they are talking business. If you will buy a dress now jou will save money. BROOKLYN BRIEFS. The matter of repairing the foot bridge which spans the river at Holmes, Booth ic Havdeifs was discussed at length at the meeting of the road board last night. It was decided that the city has no junsdk'tion in the matter, but it was stated that the temporary walk un der the New England bridge at Wash ington avenue is about to be removed and that those interested in the repair ing of the bridge across the other place might use the material for that purpose. Something should be done to put tho bridge at Holmes, Booth & Haydeu's in good repair. It is used by a large number of people and is now in a-cry dangerous condition. Wants, Fcr Sale, To Rent. rjOUIlT ROSE HILL. 583 A. will hul l regular raeetirgs O. F. of A. on tho 11rt and third Thursday of each thian hall, .bank street. month, in l'y- rphe Morse Tailor Squaro and Dart Utile, a A system of dress cutting, is tho best and most practical system in tho market, drafted with on!; tluee measures. All stylos of plain or fancy waists taught, the seamless, daitipss waist, the dartless princess and others, taught at lit) South Main street, room 9. II. M. Doran. "ftTOTICE Fersons having cesspools or wa ter closets which ne ed cleaning, can have the same done promptly and satisfactorily by leaving their orders at 15ao ly Urothers' fctore. Exchange place. Charles F. Erown. EENT. Ono tenement of five rooms. One of four rooms, lnauire of Owen "Woods. f.G School street. I fOR SALE The property on Spring Bcoviil streets with frontaze of 115W and feet on Scovill and 98 feet cn Spring. The owner will sell at sacrifice on account of poor health. For particulars inquire o Owen Woods, 66 School street T7-TJRNISHED EOO!uSto rent Aecnmmoda tions for transients, at No 31 Jeil'erson street. Mrs Tlace. proprietor. NOTICE. The man who saw tho trollev aeeiuent on South Main st reet Monday, and saved the two littl Miller children f om being run oyer at, the time their sister was killed, is requested to send his naxno and rosidet eo to John Miller, 37 Union street, or call on Mr Miller. Notice to Contractors. Sealed proposals will be receivol until Monday evening. October 11. is5. at 8 p. m.. by the Center Seho-d District committee, at their office, i loom No 2, Irvintr t-loek. for the Heating and Ventilating and Sanitaries of the new liigrh school building. Plans and specifications may be seen at the ollioo of the architect. Joseph A. Jackson. 108 Bank street. City. The right is reserved to reject any or all of tho bids. T. J. Mor.AX. Clerk. Stove Repairing: of All Kinds. Or we will take your Old Stoves in ex for a new one. Wo C9rry the change largest line of Ilanges and Parlor Heaters in the city. EXCHANGE FUKNITUEE CO. BLUE FRONT. 25-27 ABBOTT AVENUE. Ki HI &Co iFil .ccept The position the paopla have placed him in, as their Clothier, Hatter and Furnisher. To held this position, at the bead of the Clothing trade. We can say with pardon able pride, we are prepared to do it. We never win on flukes, fouls or takes. Our One Price system is a guarantee of square dealing. Every article sold is war ranted and if not satisfactory, money re funded. Thi3 is cur square way of doing business. Sow For The We propose to sell $50,000 worth mora Clothing than ws did in the fall and winter of '91 We are prepared for it. We shall have the goods to meet the demands. We have to-day to offer at $7.50 Suits and Overcoats that are better made, better fitting and better goods than others oxfer at $10. How can we sell Suits at $S.50 that ethers ask $12 for? How was it possible the past six months to sell the Washington mills Clay Worsted Suits at $10 that others advertise to sell at $12 but did not sell less than $15 ? How can we sell this fall the best Indigo Blue Peacedale Worsted Suits at $10, when they are sold in every store in town not less than $15 ? When the established price of the fine Hair Lined Double Breasted Gray Sawyer Suit is $15 the world over, how can we sell it for $10 ? The Children's Suits at $2, 2 50, 3 50, 4 50, 5 00 are. wonderful bargains only ob tainable through the largest children's clothiers in the state. Five thousanl pairs of Eoys' Short Tants we offer at 25c and 47c Coma to the largest clothiers andn iSl9 ondest ones. E. 0. f Muff & Co. So Ply Have you visited our new cloak and suit department ? If not, do so before ALL the choice novelties are snatched up. You mil get a surprise surely when you see the ele gant line of Jackets, Capes, Skirts and Suits, at such ex- tremely low prices. We invite your inspection of our stock and guarantee polite attention. Shoes are a special feature of this week's sale. If you have not seen the ladies and gents' shoes we are offering at 1.39, you are missing a good thing. Every pair ot tlicm foim e y sold at fcl.do ana i.UU, ana they were excellent value at that, Now 1.39. Our hoys' and youths' school shoes at 98c cannot be dupli cated for 1.25. Onlv 9Sc. We are now making a special display of Umbrellas Twilled silk umbrellas, Taffeta silk umbrellas .For men. For women. Um brellas with fancy handles, with natural wood handles, paragon frame, close rolled, with patent ferules, with strong sticks made for hard wear. 50 dozen silk, horn handled umbrellas worth $1.25 to $1.50 now 75c. In new and desirable colored dress goods, we offer special bar gains. Handsome silk stripe plaids well worth 75 c now 45c. This department is complete in every detail Corset covers from 8c up. Drawers, tucked, from 19c up. Gowns, torchon lace trimmed from -19c up. 1-12-1-48 South Main Street And 1-17 Bank Street. Opposite Wateibury National Bank. oston OentisX 141 Bank Steeet. If you think of petting a set of Teeth, a partial whether it he a lull plate, or plate, call and examine the improved Rubber and Porcelain Sets made by Dll WALTERS. Silver and Cement Fillings. 50 cents and up; Fine Gold Fillings, $1 00 and up; Teeth Cleaned and Polished, 75 cents. Gas or Ether administered when desired. Office hours from 8 a. ra. to 9 p. m. Sundays from 8 a. m. to 4 p. m. ibr "Walters. Dr E. R. Patzold, JtfjSurgeorx Dentist Fine gold and silver fillings a specialty. Also fine gold and " " ' AFTEl bridge work. Satisfaction guananteed or money refunded. Very moderate prices. Consultatton in English and German. Open Evenings. WHITE BUILDING, OPP P. O. 90 Bank Street, Waterbury, Conn. FOR SALE One horse, sound all over, six years old. one cheap horse, four business wagons, one cart, one phaeton, six sets of harness. Must be sold at once. Apply to B. SPIBO, Rear 34 Franklin Street, Parsons' Barn. 1 Waits luslin UNDESWEAti Con Bros, W Ml Best Set of Teeth, Fine pcld filling-?, Tfctth filled with silver ftfrth c'fantd Tctth f xtrscted. Gis cr sir aniiruatsred $8 OQ. i Si av.d up 60c a-1 7 j 23c ' 23c j We never wede tbe teeth, fctfere filling Teeth cstrirtd without pin. by the cf gas, cr Iljdsr's Yiis.lizid Air. use Crown and in&a Work a Sneoialty EYDEE'3 DEIiTAL PAIILOSS. 133 lUnk Street. Over Mi-a Fi'znatriefc's millinerv stor. The only dentist by in the city. tba narae cf CYDER ft -. hi - hL It s n u a v ii To trsdft is whf ra the onejMOnSy B price sjstfm insures your i dcllir buying as much a3 your neighbor's dollar. IT S THE SAFE TRADING PLACE, Co. m iwh s v -a fs t s a "The Old Reliable." 60 Bank St. UNDESTAZINS In all its branches. Telephone to D. M. Stawart, 1C1 Frank lin street. Messenger toy to C. E. S?ymour, 181 LXspla street. 32 lbs per bushel for cash, and it taKen Trom i i i r i i JC my store 28 Kortli Sa Yen can buy a bag of choice White Oats, 9G lba, for $1.00. SO lb bag, for 85c. So lb3 choice corned beef, for $1.00. All goods sold cheap by me, and for cash. Ev rybody invited to call and inspect gDods acd learn prices. 26 and 29 North Main street. 308 North Main Street. Tuesday, Oct 8, at 10 a. m. This is a load of vtry fine horses con sisting of matched pairs, family, farm and draft horses. Below is the description of some of them: Oae bay mare, 7 years old, weighs 1.G10 lbs; one pair of well matched grey mares, 5 and G years, weigh 2.2-01bs, well broken double and single and always been together; one blek mare, 5 years, weighs 1,150 lbs, an extra pood hitcher; one nice bay mare, chunk, 6 years, weighs 1,100 lbs; one roan mare, 6 years, 1,100 lbs, and i, good driver; one pair of brown chunks, i G and 7 years, weigh 2,500 lbs; one grey T horse, nice block, 5 years, weighs 1.32') j lbs; one black mare, 5 years, weighs 1,325 lbs; one bay mare, G years, wtigas l.UoU on- grey pacer, ' Gray Eagle stock," 5 years old, l.OSO lbs; one brown mire, G years, weighs i,C75 lbs and very clever; cnt bay mare, 6 years, asd a good step per, weighs 1,100 lbs; one nice blek mare, family broken, 7 years, weighs 1,100 lbs, extra good one; al3o another nice family mare, iron grey, 5 years, weighs 1,200 lbs; one pair of well matched brown mares, 6 and 7 yearsf weigh 2,600 lbs; also 12 other nice horses weighing from 1,000 to 1,500 lbs, good drivers and workers. Th people of Wateibury know I buy the finest horses that can be found in the country and these are equally as gocd aa any I have sold this season. Every horse sold with a full guarantee aud two deys trial given and if not as repre sented can be returned and money re funded. Sale to take place rain or shine and to begin promptly at 10 o'clock. 37 e. ehi-id S 01 California This Week Only. The Waterbury Grocery Go, Importers and Fancy Grocers, 1G3-5 BANK STREET. N. W. He SO Horses at Motion, AT 5 Pound Big Plump RAISINS, Ask Yoiis Friends sVHY THEY BUY THEIR 1 URNITURE At Levis and (They will Tell you, because We get the Bi t for our Terms are Uery liberal. They have a full Line of everything And can fix You out at short Notice with The best. goods In the market For Gash or Gredit. Try the W Ranges. "P Ju 118-20 South Main St. The Automaton Piano Among the many wonderful inventions of the nineteenth century few, i any, are destined to leave such an indelible im pression, or essreise suh an unmistak able innuenca on the home and musical culture of the present generation. The Sslf Playing riaao By means of a single attachment which can ba fitted to any piano, thousands of people unable to play my cultivate and gratify their taste for music. Call at oar wcrerooms and see and hear this wondar ful piano. Driggs 1 Smith Co, 179 Bank Street. ' Best Gilt Edge Creamery Butter, 23c pound, 4 1-2 lbs for $1.00. Boston Butter House, 147 South ilain Street. Short Vacations For Busy People By the Beautiful New Steamships of THE Old Dominion Line To OLD POINT COMFORT, (Hygda Hotel,) or VIRGINIA BEACH, and Return, (Princess Anne Hotel,) May be made for p Old Point Comfort 16 Virginia 'Beach 17 Including Every Expense Of Meals and Berths en route, and a day and a quarter's boatd at t-ither hotel. These trips are ideal, as a considerable portion is made through the quiet waters of the famous HAMPTON EOADS, and there is little likelihood of seasickness. Also tickets on sale with privilege of re turning by rail. Write for particulars of these and other delightful trips to E. I). Manwaring, . 329 Meadow Stbeet, F. N, RACKETT. N. Y., N H. & H Depot, Waterbary, Conn. 1j. Lewis, I CI $17