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


Congress 60 Decide the Contest.
.f.H HARRIsBURa Dec. q. 1854
BriRadier-G General Roy stone
Has been relieved from his duties a member Of
tho Military Commission in session here and or
siered 20 Alton, Illinois whore he will take charge
of the military Camps, SC, as commandant of the
Post. No new member has yet been assigned TO the
Commission in place Of Con. STONE.
The Trial of Daniel McIIenry,
Ono Of the Columbia county prisoner, ended
yesterday. Il orod that lho has been acquitted
in the findings OF the Commission. Ho had en-
ployed of the abcst counsel IN the city and his
ease was bi ter fought A. y. lIERR Esq one Of
the counsel in this cnsc made an able defense OF the
prisoner. over forty witnesses were subpnnaed by
fho defense and hou testimony was intended
mainly 10 prove good character on the part Of the
prisoner and to break down the witpcs. .os for tho
prosecution. Il is nsinuatcd that these forty wit
nesses were "wo drilled"
The next case will be that Of CHAPLIN on tho Same
nharges, after which SIX Of the Columbia county
prisoners will b. tried in a batch, a. foows.-BEN
JAMm CoLLEY, JosEPH VAN SICKLE SAMUEL Nc
HENRY, JOHN LEHMAN, AURuLIs L. DAVIS and
ABBAM KLINE
The Sixteenth Congressional District.
have already given you an idea OF the difficulties
involved in the Congressional contest IN the SIX
feonth District, whore Gen. WILLIAM II. kooNrz
Republican, and Hon. A. II CoFFBorH. Democrat
ran for Congress in october last Both these gentle
men claim TO have received a majority OF legal votes
and two returns have been made TO the Secretary OF
the Commonwealth neither which is signed by all
pfthe Election Judges Although the difficulty now
exists In the fact OF two returns neither of which
feem 10 be legal the real difficulty hinges upon the
decision of the Democratic Return Judges, who con.
Httute q majority OF the Board, that a number of
soldiers votes sould not be counted in from Bedford
and Fulton counties although the votes were rogu-
EarlY returned to the Proth onotarcs offices Of the
several counties. Counting the army vote rejected
by the Democratic Return judges General KooNrz
has clear majority Of siNty-eight and Congress, at
lis next sitting whom the matter brought before
IL, will doubtless do that justice which the do
mands, and admit General KooNrz TO his scat. Both
gentlemen have certificates Of eecpon from their
friends on the Board OF Return Judges.
1he Governors decision however, had nothing to
do with the facts in regard to the army yotes he had
two returns before him and he could only decide
from the evidence before him which Of these
turns were legal and accordingly proclaim the can
ElIdate elected who had the legal return. he dcc-
sion OF AttOTney-General MEREDITH, to whom the
Governor referred the matter declares bOtl these
tuins Illegal and by the time tins letter shall have
reached the public eye the proclamation Of the 60.
vernon will be announced. In accOrInnc @ with the
opinion of the Acknowledgement, Governor CURTIN
has determined not to declare either General KooNrz
or MI. COFFROTH elected, The whole mat lor now
dCVOlyes upon Congress.
AttOrney-Genera Meredith's Opinion.
THE FACTS.
Two papers purporting to be returns Of the recent
election IN the Sixteenth Congressional Dstr ct.
have been sent to the Secretary the Common
OF Adams, Franklin Fulton, Bedford and Somerset
One of these papers is signed by tour persons viz:
Messrs. Mann, OF Bedford county, LAKER, OF
Franklin; WINTER, OF Fuitoni and DIEHL OF
Adams styling themselves majority of the Return
Judges elected by the several Boards Of tine Return
Judges of the above named counties; and the paper
goes to state that they examined and counted the
votes cast for Congress IN the district, and that
kessIs. CoFFRoTH ana kOoNTz had each a specified
lumber of votes in the respective counties OF Adams
Bedford, Franklin and Fulton, and that sir COZ
gRoTH, having a majority OF all the votes cast as
B0unlcd before tho Board, IS declared duly and
legally elected. 1t Is further stated IN the paper
That Somerset not represented by Judge or
otherwise, IN the Board and that not co OF the time
lnd place OF meeting was given TO the Return Judge
,lected nom somorset who was in the Borough OF
Cham. ersburg twhere the NEE ing was heldl on the
day Of meeting.
The other paper Is signed by five persons, VIZ -
Messis WILLS, Of Somerset county; CART of
Adams WILHELM, Of EranKiinj WINTER Of Full
ton, and PECK, of Bedford, styling themselves
being appointed Return Judges OF the election he d
in the several counties composing the sixteenth
Congressional Distinct viz.:-Adams, Bedford,
Franklin, Fulton and Somerset. Tho paper goes on
to stale that having carefully examined the returns
OF the SAID several pstHcts and added together the
votes therein contained according TO law, thoy
tfy that Messrs. KooNrz ana CoFFRorH had each
specified number OF votes in the resp ctve counties
Of Adams, Bedford, Franklin Fulton anu Somerset,
and declare that Nj. KooNTz, having received the
greatest number OF legal votes, is duly elected. Both
the bodies claiming TO bo District Return JUDGES
met on the day and at the place fixed by law. The
respective candidates having requested hearing,
were heard by themselves ana counsel ana evidence
was received on the question, Who were the Return
Judges OF the Districty This evidence lett no ma
be- briefly stated thus;-
- MI WINS was the regularly selected District
eRetrrn Judge for Somerset and Mr. WINTER ior
Fulton. All the signers Of the respective papers
were among the County Return Judges OF their
sIeonYe counties. Messrs. DIEHL, of Adams, and
MAIN, of Bedford, were selected as District Return
Judfes by the majority OF the Return Judges OF
thoir respective counties, aitor the minority had
Withdrawn IN consequence of dissatisfaction with
the proceedings of the majority Messrs. CART, of
Adams and PECK, OF Bedford were selected as Dis
trlct Return Judges by the minority OF the Return
Judges OF their respective counties after the with
nI how ufaf Mr. TAF nF EpopL I'm
was selected as District Return judge by the Return
judges OF that county at their first NEE ing aud OF
Mr.. LAKl.R of the same county, was SO 0ced by the
Return Judges OF the county at thoir last meeting,
and aiter the 'ders' vote had been counted.
At that meeting, upon the suggestion Of one OF
the clerks Mr. WILHELM, who was President OF th'
Board stated that he had been informed that the
selection OF District Return Judge before al the
votes had been counted, was illegal, upon which
motion made and carried 20 proceed 10 selec-
fion The vote was taken and Mr. LARER had
majority, and the returns were accordingly placed
IN his charge Mr.. WILHELM was nominated, but
had OF a majority He never resigned the appoint
ment winch had already Deen made but no doubt
under tho impression that such appointment was
Illegal, he put the question on proceeding to new
selecton, announced the result, and as President
lection as District Return judge.
On this state Of facts the Governor has requested
my opinion ON the question: W neh Of the 20 can
been returned as eeciedl
The Law.
In a recent opinion ] have stated reasons
which need not be here recaptulatod for arriving at
Inc CONCLUSION that the Governor has no right
20 go behindI the returns for the purpose nqur-
ing INTO their cOrrrctness-that ms functions m
gard 10 them are strictly MINISTERIAL
in the present instance It happens t believed for
fhe first timel that different bodies of men each
claiming to bo the bOnrd OF district return judges,
present papers which they style returns Of the oec-
hon. The Governor Is Oi course compelled 10 en-
doavor to ascertain by such evidence be had,
which Of these papers Is simed by the lawful dis
tFct return Judges, just ministerial officer
Is hound 10 satisfy himself Of the authenticity OF
oficia paper on which he Is required 10 act.
IL is well established that tunless otherwise OK
prossy rOyidedl an authority Of public nature,
conferred on three on more persons jointly may be
executed by a majority at a meeting lawfully held,
and of winch all have had legal notice and that the
meeting and proceedings Of such a body are pre-
Bumed 10 be regular m the absence of proof 20 the
contrary. But a minority of such body cannot. by
Withdrawing flor whatever TeasOn) trOm the majO-
rity and proceeding to act independently vest IN
themselves the authority which the law has con-
ferred on the whole and permits 20 be exercised by
majority as above stated
The general election Of 1889 provides that when
two more counties shall compose district for the
choice OF q member Of Congress, the judges OF the
election Ia each county having met the clerks shall
make ont fair statement OF all the votes which shall
nave been gwen at such election, which shall be
signed by said judges and atested by the clerks and
that one Of the said judges shal lake charge OF such
certificate, and shall produce the Same at q meeting
Of one judge from each county.
illegally of KOOntz' Returns
Keeping in view the principles above stated
wldcb of universal aceeptation, the minOritos OF
the judges in Adams and Bedford had plainly no au