Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1852-02-02
Lowell ELECTION Case.


the votes fairly cast and counted, and that the
memorialists, James X. Fellows and seven of his
associates ca The Union ticket, received majority
Of the whole number cast and we've therefore duly
elected and entitled to seat in the House. On Sat
urday, the report was accepted in the House with
out dissenting vote, and two Of the members took
their seats.
Such being the case, it may be asked, Why did
they receive their certificates of election in due
form, without contest Tor their seats9 We answer,
because it had been determined by unprncipcd par
igaus, through the forms Of election, to seize upon
the government of the State by fraudulent means,
and to place the political power in the hands of
party, which was in minority of thousands, OF the
whole people. This, and nothing else, caused those
certificates to be Withheld, and new election to be
ordered, The reason giUen FOR ordering new cleo
ton was. that, taking the returns made from the
several wards, no person had majority Of the whole
number of ballots 1t was also claimed that the
fourth ward election irregnarly and illegally con-
Quoted. 1t was proved before the committee, that,
in the returns of Ward 4, instead of returning the
whole number of ballots, which was Sl1, the whole
were led into this error, by provision of the city
charter which requires the whole number Of voteS to
be returned On discovering their mistake, the
ward oficers-the clerk and inspectors being wings,
made corrected return, stating that the whole
number of ballots was ST. and offered it the City
Clerk, before the Mayor and Aldermen had acted
upon the returns. This refused by him. The
-. /
dermen to have it received, and asked 10 be heard
thereon by counsel The Mayor aud Aldermen went
into session upon this request, and after halt
hours conclape refused to hear the officers by
sci! They neither asked them for any explanation
of the error, offered hema opportunity to make
one.
In the mean time, one of the Aldermen had pro-
cured the brother of one of the defeated wing candi-
dates to 90 to Boston, for advice and direction how
to act in the emergency. 1t was expected that this
advice would be received in season be acted upon
at the same meeting Of the board, which was on
Wednesday morning, but it did not come, and the
board adjourned till afternoon. In the afternoon,
when the board assembled, the advice was received
in the form of anonymous letter from Boston, with
the information, verbally made by the alderman who
procured it. that the authors name mast not be kpown!
And, this erparte anonymous advice, procured by
the friends Of the defeated candidates. after refusing
even to hear the ward officers, the Board decided
declare there was choice, and to order new cleo
ton! The inquiry by the counsel for the memorial
st for the author of the letter OF advice was at first
L., ~ was finally Obtained that it
! Boston aud Worcester Railroad
1t was proved to the Committee, that for thirteen
years past, during the whole term that the present
City Clerk has held his office, numerous instances
had occurred, in which errors were made by the
returning officers, and that evcry instance, without
exception, up to the 10th of November last, when
such errors were discovered the ward officers had
been called in, and had amended their returns, 1t
was proved that in one instance, in which the re-
turns were corrected, the error was precisely the
same as that made in the present instance viz the
whole number OF Uotes was returned, instead of the
whole number Of ballots. 1t was further proved,
that, at this very eecon,s on the 10Th of November,
an error was made in the return of Ward 6, and the
Clerk was allowed to come in and make correction
oil 1t on Wednesday morning, by special of the
1t was contended that there were irregularities
in the proceedings of the 4th Ward, which should
Vltiate the proceedings, and make them Illegal The
only rregnarity proved to the Committee was, that
the entire record was not copied into the Ward book
IN open meeting. The form of the record, giving
the whole number of ballots, with the numbered votes
given for each candidate for the various Offices was
made out upon sheet of paper, and the declaration
| made lherefrom. The Clerk then proceeded to copy
At into the Ward book and had partly done so, when
1t having become dark and cold in the Ward room.
the officers adjourned 10 the Clerks counting
near by' and there finished copying it into the book
varying IRON the form and declaration, only in enter
ing the @hole number OF Uoes, instead Of the whole
ngnlber Of ballots. HoS far this variation from the
strict letter Of the law, which requires the record to
Zoe made an open meeting, should go towards vitiating
the election, may be judged from the fact that, SO far
as we eau learn, the practice prevails uniform
ly in great portsou of the towns in the State, of
making up the fern of the record on loose sheet of
paper. and afterwards transferring it to the record
book, 6,e Town Clerks own residence or place Of
business.
So conclusive was the case, upon the facts proved
against the Legality Of the order for new election.
by the Mayor and Aldermen. that the counsel for the
wing claimants did not even argue it, although he
spoke about l-2 hours His chief object seemed
to be, 10 fad some plausible, technical excuse for
their Conduct aod induce the belief that they con-
Quoted honestly, BY reference to their former char
acter and standing. Whatever benefit may accrue
to them by the effort, they ealirey welcome to.
We view the whole procedure as one of the vest
attempts made in this State, 20 rob the people
of their right Of suffrage, and trampie their ber-
lies under foot