79 Vt. 156 | Vt. | 1906
This is a petition for a writ of mandamus brought against the selectmen of the town of Leicester by a voter and taxpayer therein, to compel such selectmen to call a special meeting of that town for the election of officers and the transaction of other business.
It appears that the defendants were duly elected selectmen of the town of Leicester at the annual meeting of that town in 1905. As such, they duly warned the March meeting of 1906 to be held at the town hall of the town on the first Tuesday of March at one o’clock in the afternoon, at which time and place some ninety-four or more of the legal voters assembled, and, without electing any of the officers required by law then and there to be chosen, or considering or transacting any of the business specified in the warning for such meeting, adjourned without day. On the following day, March 7, a petition signed by six legal voters of the town was presented to these selectmen requiring them to- call a special meeting of the voters of the town for the election of town officers. The defendants did not comply with this application, but called a special meeting “to see if the voters of the town will raise sufficient money to defray the expenses of the town for the ensuing year,” only. Thereupon, another petition was presented to the defendants signed by more than six legal voters of the town requiring them to call a special town meeting for the election of officers and the transaction of Other business such as is usually passed upon at March meetings. This application has been ignored by the defendants, and this proceeding is instituted to compel the defendants to call a special meeting under this last named petition.
Our statute (V. S. 2,972) provides that a meeting of the voters shall be held in each town on the first Tuesday of March, annually, for the election of officers and the transaction of
Since “a failure to hold such meeting” affords the only legal ground for an election of town officers at “any subsequent meeting,” the case turns on the character of the meeting held in Leicester on the first Tuesday of March last as hereinbefore recited.
It cannot be fairly said that any such meeting as the statute -contemplates and requires was held. True the voters assembled, but they refused to hold the meeting in any proper sense, and adjourned it in disregard, if not in .defiance of the plain mandate of the law. We put little stress on the question whether the adjournment was taken with intent on the part of the majority to circumvent the will of the voters in the matter of town officers, for the result is the same whatever the motive, —the rights of the minority are disregarded and the law defrauded. The case of Stone et al. v. Small et al., 54 Vt. 498, is much in point and the reasoning of the Court therein especially applicable. The charter of the village of Winooski required its officers to be elected at its annual meeting to be held
The petition is sustained with costs. Let a writ of mandamus issue directing the defendants as selectmen to call forthwith a special meeting of the voters of the town of Leicester for the election of the officers and the transaction of the business speciñed in the petition of O. C. Huntley and others set forth in this- petition.