St. Charles Republican intelligencer. (St. Charles [Charles City], Iowa) 1856-1857, 1857-02-12

tnclI IalleS tneTctO, OF authorized lneH names
to be signed to the same" Objection 4th
claims and charges
Fourth--"That the signatures signed to
said petition are not genuine, that they were
obtained by false representations as to the con-
tents and objects of said petition, if signed by
the persons themselves; and that the names
signed to said petition were placed there with
out the knowledge or assent of the persons
whose names appear to be signed thereto
Fifth" That the petition has names signed
thereto. being the names Of persons who are
not legal voters of the County,
As to the proof of the number Of voters ~
shown by last census, the only evidence offered
by petitioners is the above affidavit, which
states that there were 610. The remonstra-
tors introduced in evidence, an abstract of last
census, of record in this county. showing the
number to have been GAL. The above affida-
Wit states that there is $40 names of legal vo-
tiers subscribed to the petition to which it is at
tached-and there are IL names to the smaller
NEUTRALITY-SUSPICIOUS. introduce witness
who swears that there are only 347 names ON
the two petitions, which last number find to
be correct, upon careful examination. But
what answer can be made to the objection that
there is no proof of the genuiness of the sig
natures attached to said petitions? Sec Sd of
the act above referred to, provides that-''an
affidavit shall be made by at least one credible
witness, that the :iyners are, the affiant verb
ly believes, legal voters Again, Sec. 4
rraI 10 hot
tition being presented signed by at least
one-half of all the voters &c. There is no
evidence offered by petitioners in relation to
petition except the affidavits attached, and the
language of the affidavit of Moses Conger in
the first instance is "that the persons whose
names are subscribed to the above petition are le-
gal voters, OF the county of Floyd, and state
aforesaid, as this dcponent verify believes
And again, 'that there are the names Of $40
legal voters of said county of Floyd subscribed
to said petition.' The language of the affidavit
of Ripley does differ from the language used in
the first instance in Conger's affidavit. This
objection together with the rest y was distinct
ly read in court and in the presence of the
counsel for the petitioners, (who is the affiant)
but no evidence offered in explanation and no
answer made, except that the affidavit was
claimed to be sufficient. The demonstrators,
however, did not stop here, but offered evidence
in support of their objections. Peter Lines and
William Lines testified that they were foreign
ers-that they told Ripley and the other person
who presented the petition to them for their
signatures, that they were not voters-that
they did not sign the petition, nor authorize
any one to sign it for them. Chester NJ
Townsend testified that Congcr (the affiant)
presented the petition to him for his signature,
that he told him he was minor at the time
he signed the petition, but Congcr replied
that it would make no difference. John G.
Townsend testified that he signed fee names
to the petition without the knowledge or con-
sent of the parties whose names he signed or
rather, that he signed them to paper, the
heading of which was cut off--his name being
first under the hcading-and that his name
and those that follow his on the petition were
all signed to that -hcatling. Some atlantis
state that they were induced to sign the petit
ton by false representations rs to the contents
|
they never did sign the petition, and that
their names were put there without their
knowledge or consent. In fact there are some
40 names attached to the petition, which,
from the evidence produced, it appears are
the names of persons who are not legal voters;
or their names have been placed there without
the knowledge or consent of the parties; or
their signatures have been obtained by false
representations as to its contents and objects;
this, together with the evidence that all the
names following the name John c. Townsend,
on the petition, were not signed to the petition,
but to another heading; and thai many names
npon the petition are sworn to be in the same
hand writing of the names of persons, which,
it has been proved We're signed thereto with
out the knowledge or consent of the persons
themselves; and the fact that many have
signed the remonstrance who signed the petit
ton, satisfies me that the petitions We're not
signed by one-half the legal voters in the Coun-
ty as shown by the last preceding census, with
in the meaning and intent of the law. have
not pretended to give all the evidence produc-
ed going to impeach the validity of the peti.
ton neither is it fair to infer that all the evil
dence in existence was produced to say the
least, think enough has been sh own to cast
suspicion upon the genuineness and validity of
the petition.
There We're 32S names signed to the remon-
strances filed and affidavits of anumber of indi-
siduals attached, and every signature to each
of the circumstances was proved to have been
either signed 10y the person himself, or placed
to the remonstrance at his instance and re-
quest. 1t would seem to be hardly necessary
in this proceeding to enquire what weight is
due remonstrances in deciding cases arising
under the above act. Some difference of opin-
ion exists on this question. But if section 0
of the above act means any thing when a re-
monstrance is filed, discretionary power is
conferred upon the Court, in the premises. I
am inclined to the opinion that the section has
some meaning, and the above is the most rca-
sonablc construction can put upon it.
After the counsel for demonstrators were far
advanced with their evidence, the counsel for
petitioners asked for an adjournment, on the
ground, as he stated that he had no notice of
the intention of demonstrators to impeach the
validity of the petition and it was not claim
ed that petitioners knew of any material evil
dence, but asked for time to find evidence to
rebut the evidence produced by demonstrators
and healso objected to any further evidence be-
inc rrivan Rl,f, oil fha or Tor