Richmond palladium. [volume] (Richmond, IA [i.e. Ind.]) 1839-1854, 1843-02-18

law regulating General Elections. HIS seat was
contested before The County Commissioners OF
the proper county, by Marsh his competitor, upon
the ground that Mr.. Shoemaker had voted ior
Mr.. Marsh, double ticket, which was rejected
beca lss double, by all the judges of the election
when the votes counted out. by virtue oil
the 10Th section Of the same law. AT that con,es,
Mr. Bea'l. admitting for the sake Of argument on
~ that the rejected vote legal, offered 10
Prove that two Illegal votes were polled and coun
ted for his competitor, which, the rejected vote
admitted, would still prove him legally elected
b. vote. The board refused this proof, and
when this contest came TO the House of Repre-
senta,ives, Mr.. Beall asked Of his judges in tina
body (hayiog first made written oath that such
proof at hand IN his behali") for the privilege
to Introduce il. 1t was refused him. Then the
following resolution was offered
"WHEREAs, The petition Of Madison Marsh,
who claims to be The Representative of the dis
trict composed OF the counties Of Sieuben aud
Dekalb, with certain evidence only relating to
the ground Of contest made BY said Marsh his
notice Of contest, and other documents concern
ing said contest, tas been referred 10 he commit
tee on elections Of this House. with power TO
send for persons and papers.
And, WHEREAS said committee in session. has
had such petition under Consideration and did re-
fuse to adopt he following resolution, offered by
"a member Of said committee, to-wit:
ResoIoeA, That Enos Ball, the Repre5Pn Ia
tive from the counties Of Sleuben and Dehalb
have lsuve to appear before :his committee, in
person or by counsel, aud answer TO the petition
Of Nj alison Marsh, who claims to be the Repre-
sentative of said counties: and that the Charnan
furnish 10 he said Enos Bea copies Of the pet,
tion documents and evidence IN relation TO The
Said ciaIm, in the possession Of the committee !;
and the same privilege De allowed 10 hAad'-
Marsh.
b. means o. which re- ect ion, the said Eno7
II Il i ~ T., fr,rg
SAID committee, on the ground nt contest made IN
the nouce gwen by sad Marsh, and, whereas,
the snirI Of our republican Institutions and laws
of this tate, require that IN all cases OF contes'
ted clecsiuus, the contest shall be decided IN Ia
vor of the person ho"ing majority OF law.Hl
votes bis favor, and the said E9os Beall, by
his affirmation ycterred ~ said committee, has
shown that he did receive ma Jrty of votes Of
such lawful voters. From opportunity to
prove which, the sail Enos Be II is precludcd by
the said decision of sad committee, refusing him
permission 10 appear before them and defend his
right to his seat.
Therefore, be it Resolred, That the committee
on elections give leave TO Enos BealI, the Repre-
sentative from the counties OF Stcuben and De
kalb to appear person or by counsel, before
sa 10 committee ard defend bis right TO his seat.
And be it further Resolved, That the sand
mittee forthwith proceed to ascertain by compe-
tent evidence whether said Bea or said Marsh
ha0 ma Jity Oi me "!u votes VI Sdlu UlsitC',
and report the same to this House"
This vas voed down. Then the following
re soiulion was offered:
Whereas From the evidence adduced in the
case il is uncertain whether Enos Beall or Marsh
is legally elected TO ropresen. the counties OF
Steuben and Dekalb in The present General As-
sembly; Therefore,
Resolued Tha, the said Beall and Marsh be
requested simultaneously TO resign their respoc.
tive claims TO said seat, and the same be declared
vacant and another election be ordered; and the
whole controversy be again referred 10 the peo-
pie of said district, TO be decided by new cleo
ton.
This too was voted down by that partisan ma
iority. And so having refused TO hear this proof,
having refused to send for persons and papers,
having refused 10 investigate the whole facts,
having refused 10 refer the whole matter TO the
people, upon the strength of the rejected and dis.
ca rded and Ilec. alleged vote OF Mr.. Shoemaker,
that falsely called democratic majority stripped
from Mr.. Beall the credentials which the people
gave him and placed his unauthorized competitor
IN his seat, by the passage of the following re-
solutions:
"Resolred, Tina, Euos Beall is rot entitled 10
4 seat this House at the present session OF the
General Assembly, The Representa'ive from
the district composed OF the counties OF Steuben
and Dekaibn
.Rcsolred, further, Tha, Madison Marsh is
titled TO a seat IN tins House, a, the present SEES
sion of the General Assembly as tho Represen-
,ause from The district compose OF the Counties Of
D. kalb nd Steuben.'
The case OF the retained defaulter in the House
of Representatives,. can be explained 10 you IN
few words Mr.. William J. Brown was State
Librarian As such he drew IN the name and by
tho authority of The State, in 1910. upon Mr..
Reed for books. 10 the amount OF three hundred
and forty-four dollars. OF this amount one hun
dred and two dollars were Jeff IN the Treasury by
Mr.. Brown 10 be applied 10 the purposes OF the
purchase. The balance remained IN Mr Browns
hands. When the legislature met IN lS4l, Mr..
Brown was a member of the House and was then
charged deiauter. \ committee was raised
Il investigate his detaica ION aud Mr. Wilson
Thomson. a gentleman oil The same politics,
plac ed al It's head and that committee, as Will be
seen by a reference To The House Journal. (pages
57I-2-3-i) Of that year. made 4 report charging
HIM as . defauter of which the following Is the