Bedford inquirer. [volume] (Bedford, Pa.) 1857-1884, 1866-01-05

haN cOluInn-............ l6Db E3.VD 20.ub
One eolumn......... 30.00 1890 s0.Oe
to get into this House, is against that cen
struction, for the Governor, through his At
torney General has declared the certificate
of Mr. CofFtoth TO be insufficient, and his re-
turn is no return at ALL Admit if you please,
that the SAME Attorney General, aud the
same Governor. have decided that our return
aud certificate arc also insufficient, and aduilt
that both are deieciiye, irregular and illegal,
aud what is your next step. 1t is TO iallback
upon the returns themselves which are in
dispute They are here before you and
when you have examined them, do not
doubt that you viii declare my client have
received majority Of tne votes OF his dis
trict They show returns of 372 legal votes
cast, rejected by the board which gave 20
/ Mr. Coffroth his certificate, and which change
/ the result in favor OF m5s client.
| You will, no doubt now understand what
in my view constitutes prima faeie case.
The action OF the Clerk of the House might
have made one. That has not been done.
The proclamation OF the Governor would
have made one That, TOO, has failed The
action of the district judges might have male
one. This, we see, is repudlated on all stands.
| The action of the several county boards might
y
and Bedford) divided aud nulifed their own
acts. And whether you adopt the view OF
Philadelphia Court, and hold that both these
papers must be considered together, and do
as the Court did in that case, to wit: supply
the omitted action of the boards, by enumer-
ating all the votes; or whether you adopt the
view of Judge Black and hold that both pa
pers are null and void, you must come, to the
same conclusion.
The returns from the officers, appointed by
! law to hold elections and make returns, are
before you, and are not in dispute. All the
action subsequently, had, has beeu irregular,
unsatisfactory and of no binding force what
| ever.
These returns give Gen. Koontz a majority
emitting him to a seat, and if there has
| been any illegal voting, or if there are any
| fraudulent returns, it will be for Gen. Cof-
froth to show such facts upon contest here
after to me made. The county and district
/ judges, the Governor and the clerk, are only
the elements through which the action of the
! people should reach you. They have failed
| to convey it. Y You must 60 back to the foam
tain head and ascertain for whom the MAORI
ty of the votes deposited in the ballot boxes
were cast, and you have piima face case.
| There is no tribunal in Pennsylvania having
/ power or rightto add too, or subtract any thing
| from, such action. The attempt to do so is q
usarpation and crime. Besides all of these
papers sent up by return judges are not re-
turns, but each when valid, are but evidence
of returns.
As already remarked, the great object of
elections is to secure the right of suffrage. and
to ascertain fairly the viii of the majority.
| Whenever this can be ascertaIned, it is the
duty of courts aud other tribunalssto sustain it,
if possible. On this point ! refer the Com
mittee to Parson' Select Equity Cases, vol. 2.
page SOB: '1ln cases of contested elections,
where there are irregularities complained of
In conducting the eleedor, when not of a
fragrant kind the Court will look to its goo q
faith and intepritv The Goartss- -oros not 60,
deteat the expression OF the popular viii, be-
cause of some slip in the minor details of an
election" Every presumption ought to be
in favor of lair popular elections: and the
leaning of the Court should ever be to sus-
tain them, where it can be done consistently
with faithful aud independent maintenance
of their purity. Ibid.
In Carpenter case, same book page 337.
the Court say; IF there is only an allegation
that the Office have, in conducting an elec-
ton, omitted to perform certain directory du-
ties required by law, the Court on that ground
| will not proceed to an investigation of such
facts; for there would be no ground for de-
! feating the popular will by setting aside an
election" So also in Kneass' case. page
554 ''Where false return mas been proved.
| through which one, ofseyeral candidates. has
been deprived OF votes actually given to him.
! these should be restored by the candidate in
whose favor the false return has been made.
and TO whose benefit the whole circumstances
of the case show it 20 have enured = In the
same case, page 595, "No party can claim
right through fraud committed on another.
although the party claiming such right be sit
| uated as Mr. kneass certainly is entirely
unconnected with the fraud, and although
| like him he has had neither art nor part N
! it. This is a principle Of universal jarispru-
dence, and universal ethics. No man can
derive right through a wrong. That the
! fraud Injured To the benefit Of Mr. Kneass. the
ballot box clearly shows According to the
/ principle already expressed these votes
should be restored by the candidate, in whose
favor the false return has been made
We can only give the seat to Gen. Croffroth
by sanchoning fraud attempted by return
judges and other officers, upon the people of
| the District. Whenever q fraud appears il
should defeat all who attempt to take an adj
vantage of it or seek TO shelter themselves
behind it. On this point The Supreme Court
of our State declare Ia Barr y as follows
''But in the eve of the law, fraud spoils
every thing it touches. The broad seal OF the
Commonwealth is crumbled into dust. as
against the interest designed to be defrauded.
Every transaction Of HE between individuals,
in which it mingles, is corrupted by its con-
taglon. Why then, should it find shelter in
the decree of Courts? There is the last place
on earth where i, ought to fnd refuge But
it is not protected by record Judgment, or
DEGREES whenever and wherever il is detected,
its DISCUSSES fall from around ii, and the iurk-
ing spirit Of mischief. as if touched by the
spear of Ithuriel, stands exposed to the re-
buke and condemnation of the law II
VALUE OF . APPEARANCES ABROAD