Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1848-12-22


lage, for he may obtain il improperly, and in |
such case the only way is to set both aside 1
until the facts can be inquired into. But the |
case before us does not present the case Of du- |
plIcate eenihcales, showing two sets Of claim |
ants for the same scat. for while the certificates
Of Messrs. Spencer aad Runyan show on their
face thsI they are elecird or the first district, it
is impossible TO tell from those Of Messrs. Pugh
and Pierce Nho they claim to represent. That
you may Judge Of the character Of these ceui6- /
Gates the following is a copy Of one orlheh:
The STATE or ONO,
Hamilton county, IS.
II is hereby certified that at the general cleo |
ton held within and for the said county and
State, on the tenth day Of October, l848, for
State aud county officers. George E. Pugh had
6lG2 votes for Representative for the said coun-
" Of Hamilton, TO the General Assembly Of the
STATE Of Ohio; and thai the said George E.
/ Pugh was duly and conslilulionaly elected a
I Representative for the county Of Hamilton a.
| loresad TO the General assembly Of the Stale
Of Ohio, he having the highest number Of votes
given for that Office at the election, as appears
vy The abstract Of the votes on file in my Office,
aud as appears by the poll-books of said cleo
| lion-du y returned and opened at the Office Of
the Clerk Of the Common Pleas Of said county.
! In testimony whereof, | have hereunto sci
my hand and affixed the seal of said Court in
Cincinnati, this eighteenth day Of October, A.
D. 1913.
(Signed) R. C. ROLL, Clerk,
! Couu Common Pleas, Hamilton county, ..
As the certificate on is face does not show
4 wi her the holder is elected TO represent the
first or second district; how is this fact 10 be de-
lerminedl To be sure, the certificate shows
that the claimant is elected from the county Of
Hamilton, and the Two districts are within the
county. But still il is void for uncertainty. If
such certificate is good, then one which shows
that a claimant for a seat was elected for the
State of Ohio would be equally good, because
his district lies within the State. The certf-
Gates of Messrs. Pugh and Pierce do not then
prima lacie eniille them TO their seats, because
they do not show what district they represent
As TO the certificates of Messrs. Spencer and
Runyan, the only objection made TO them, for
, they clearly show on their face that the hold
ers were elected from the first district, is that
they are not in tho usual form. But as the law
presents no form for certificate it is enough if
4 il appears from It's face that person has been
. elected, This fact may be done in many ways.
: The clerk may either ccru(y from what ap-
pears from the record Of the doings of the
board of canvassors, that person is duly elect
ed, or he may certify on the whole proceedings
, Of the board, from which it will appear that he
is elected. In the case of Spencer and Runyan
The clerk took the latIer course; and thus by
taking some trouble upon HIMSELF furnished
not only prima lacie but conclusive evidence of
their election.
But suppose lhe certificates of these claimants
do not furnish prma lace evidence of their
eIecton-neilher do those Of Messrs. Pugh and
Pierce, and on llhs ground both ought to be set
aside. But the manner in which the whole
subject was treated, gives additional cause of
complaint. The Chairman not only refused to
permit the certificates of Messrs. Spencer and
Runyan TO be offered, that others might know
what they contained, but those Of Messrs. Pugh
and Pierce, the very first that were presented
in the morning, were received without the cere.
mony Of an examination. Il was worth great
sacrifices of law and Usage for our adversaries
to secure the members from Hamilton county
in preliminary organization, for it will be seen
that if that could be doue, that By means of
them and by cunning devices, six Democrats
9 could be forced upon the Legislature who were
of is, the violation Of our clearly defined and
long settled rights, in bringing about the result.
We have the highest evidence TO believe, that
. it was the deliberate purpose of our opponents,
:. that the next moment after the Wing members
. were sworn in, excluding Messrs Spencer and
!. Runyan, and quorum present, to take steps It
exclude the Wing members from Clinton, and
q Scioto, and Lawrence.
!. As decacy and the rules of the House would
IT prevent these members from voting in lhe
!. own cases, there would be a majority of Demo
>. Gratis to determine their rights; and these woulC
IS be the votes Of Messrs. Pugh and Pierce, Meth
n er of whom, under the law, have a right to
nj seat in the House. No one protends that tn
G, member from Clinton, upon an inquiry, will b
m entitled to his scat, if the facts turned out a
cc claimed.
d, But the question is, What is to be done2 TIL
n reply al once is, that must 60 back to The pee
o pie, and there must be Il new election. Bu
n The next vote Of these men, after excluding III
cr member from Clinton to admit Democrat
" minority candidute-a and who is said now TO
Id on tho ground with evidence of his election /
RS his pocket. This is violation of all law, fc
G. il expressly declares that the person who ha
ot tho highest number Of votes shall be elected G
ed chosen; and if its turns out from some caus
ed that he is ineligible, the result of the whole il
IS that there must be new election. The cas
"a of the member from Scoto and Lawrence, VIII
on is also to be turned out, will present still sror
in ger case of the disregard of all law, if the pa
no succeeds. lie he was ineligible at the time
rat his election, being then Sheriff, but aGer n
,o' ceiving his certificate be resigned, and was che
in sen al a special election. When he is dispose
his Of, ano.her minority candidate stands ready
he take his place. Al this stnge Oflhe case, we pc
on ceiye that if our opponents succeed in cHrryir
rs, out their plans, they will force, by means
as their unfair organization and tho arbitrary dec
wo sions of its Chairman, four members into Il
House, who have no, shadow ol.claim to the
49,. nnntn Rnt lhis iniusiicn il sill rnnrn nhuinn