The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1864-12-22

him tine holder OF an ufIr0 TIC was rather n
nitieo Of one 70 perform certain dutioi But, who
thor he be styled an ofioor or a committee In nv
q inion the Subsequent selection oi Mr. LAKKR, and
tic aciunl plaoinR OF the certificate in his charge
completely discharged Mr. WnHEEM and ovorrode
hs al Dointment
siened the papers stating Mr. KOoNTz to be elected
three had no loyal authority 20 net in the capacity
which they sumod. and . am therefore, of opini5n
that the Governor ought not to base his proolama-
ton on that apor ns a return.
Illegniity of Conroth's Returns.
In regard 10 the other paper. IT is signed by four
pcr0ns, who appear 90 have been legally dodgnated
by The judges Of ection m thor respective coun-
to2 Tho judge rom som rsct, though no had
notice, neglected on reused 10 attend The meeting
or ut any rate ia lied 10 attend &C. The duty Of tho
iour judges who dld attend is clearly pointed out
turI and make duplicate returns of al tho yo,rs
given" for the Office m the district, and Of ihe
name OF the pcrou elected" Instead Of do ug
uts, thcy omitted to count the vote Of Somerset
~ parcuuy bY reason o. the nOn-attendnnoe OF the
j dge tom that county 10 has been suggested that
u en-, which is very true Bui duplicate originals
Nerc accessible In the othcc OF tho prOthonOnry
ii necessary. to TeiGr To them tboI co"ld
not, OF course, have obtained them on tho
same cay, but though tho law dxc' tho day
OF huir meeting y was perfectly legal tor them o
ad ourn II the business could not be completed IN
orc day, and think II was undoubtedly y tuoir duty
TO do sO. That the uou-aticndauce oil jud 40 should
De held TO infer the disranChscmeut Of tho county
from winch lao comes, whom dupIcato originals Of
the returns which no Jailed 70 produce wore easily
atiuiuabo by short delay, would bo intolorab'6
The ACT OF 1889 proyido, tha' tho Judges shall mako
retrrns Of all the votes given for 5u 3h oico m .ad
district and OF the namo Of the person or y 'rsOns
elected" and rurthcr provides that It shall bo the
duty Of tho Goyornor on the receipt OF tho Iolurns
Of The election as Aforesaid TO declare by prOcla
mat on the names OF tho persons so rciuriuI as
elected IN the cspectyo stuct" that Is 20 say re-
turned n- elected m rCjurn winch alsI UurpOF.s to
return al the votes gwen Tor the Othc} In tho DIS
tuct.
Tloparor in question does not purp)rl TO r,lurn
all he votes given for the 0co in the district. IL
shows its tcc that the vote OF ono county m In
district was not counted and therefore tnar the
judges had not before thcm the means Of knowing
wi was ClCcicn-aud indeed the return suustau-
italy u.s., That MT toFFHpTH had majority "of
all the votes cast as counted before the board"
hat 10 say, of The votes IN four out of i've COuu-
uys which composed the distucO and therefore
Is duly elected This return rs go essentially delcc.
tive that conceive IT to be- no rourn at all and am
OF opinion that the Governor ought not 10 base his
Proclamation on u as a roturn.
The Army Vote.
regretted to o sclvo On the arpumont that it was
stated b. the counsel OF Mr. kOONrz that ! the
llegahty, uregulaIty and confusion which have at
tended the returns FROM this district arose from the
action OF n majority OF the judges of e'cctlOn m
Adams, Bedford anu p p.rhaps ono Other county, in
illegally throwing out parts of what are called o
sOlUicls' votes. lhcr duty Is clearly defined bv
law TO be 10 cause the clerks TO ma 90 out a ftr
statement Of all the votes which shall have boon
ing out at thCir discretion any votes 50 gvon is 10
commit wIllful and iovous odensc, for which If
iout guilty BY a jury, they can be Adequately pun
ish,d. Inconvenience ir m their lllega cOur.o can
be avoided. IA the House OF Representatives has
iull 1ul1sdlCt on over the election and rOtHrnS
may apply summary remedy If the alleged state Of
mcis should be properly su smntiatod.
Tho Governors Hands Tied.
But as the Governor cannot, # satisfied that the
Oiltnsc has been committed thrust the offenders into
the Pem.eniiarY aud thus usurp the power Of judi
cal tr bunas, so nei, her can he constitute himself
Judge OF tie election, aud thus usurp the power of
the House of Representatives, which is .h1 proppr
tr buna TO udJudIcatc on it. SIC has no more rght
to put votes ntO the county returns than tho county
judges Of Election naI TO put thcm out or to treat
a. the acts Of a minority tho
judges of Election, than he would have to treat AS
tie act of the House bin omauaiing from n similar
seeding minority of that body dis duty is not to
lend limsoi to revolutionary action OF any kind
lie Is to preserve orGcr, not to abot confusion. lie
is to obey the act OF Assembly, and returns
have been presented such as that act authorizes him
to base his proclamation upon, am Of opinion that
he has no legal but to state that fact as his
reason tor not declaring the name Of person TO
have leen Tetu ned as elected IN the Sixteenth Con-
gressiOna District
Surrounded by the contagious unrest of angry and
excl cd passions, and often forced amid such sur
round ngs to act promptly ON quest ons of the most
dithcu and delicate character il may appear to re-
quire sOme moral nrmness m the Executive lIagis-
trate to ayoid being swept beyond the limits Of his
app Oprate sphere.
But IT Is to be recollected that we have n popuIar
Govern ment and in such times as these pu lie con
hdence important to every Government, is ess initial
TO ours.
II appears to me that he must be the boldest of
men, who, being at the head of the Government of
courage TO be feeble and vaclllating, regardless of
law partial IN his judgments usurping m his prac-
sOnal influence, thus oOsenng the struc .ure of our
political abnc ana exposing its very foundations to
depreciation,
ON the other hand l should esteem him to be
fortunate, who, IN such position, rising 10 The
level of the Occasi on, should leave below him all
the turns Of ordinary politics, should preserve his
own calmngss during the storms that are aging
not as lacking emotiO II, but Us feeling that upon his
calmness may depend the public safety; who should
combine thoroughly active, energetic and loyal
administration Of affairs, with open fairness and
euuty to all obey himself the law to which ne en-
forces the obedience of Others compel the trust of
hehonest and ruth-loying masses all parties IN
his NlgOr Justice and integrity and thus command
ing the public confidence, 20 strike daily deeper
and deeper the roots of authority, and make throat
ened confusion and anarchy impossible by render-
ing irresistible the just powers Of government
l should esteem him TO be fortunate, because
though hls task would not be easy, when he should
have fulfilled it he would have connected Tor all
time his own honor with the history of the sal va
ton OF the Republic w. NJ MEREDITH
AttCrney-Ciencrn
Attorney G eneral's Office Harri sourg Dec lG s6i