Bedford inquirer. [volume] (Bedford, Pa.) 1857-1884, 1866-01-12


produced regular returns.
The Coffroth board had but four mem
bers, two of them irregularly appointed,
and bearing partial returns, one with full
return but an irregular appointment, the
fourth had been entrusted by his whole
county board, with lawful authority, and a
full return, but he had previously delivered
it to the other board One county was not
represented at ALL
Both Of these bodies being illegally con-
stituted, organized not only without law,
but against law, it is not necessary to in
quire which Of the two is entitled to the
least respect, for neither is entitled to any
at all. The whole trouble grew out of the
preposterous notion that majorities are ON
nipotent everywhere maintain that
where the majority Of county election
board transcends its merely ministerial duty
of counting the votes, undertakes to decide
upon the legality of the township returns,
by throwing out part of them, and so pro-
yokes split with those who cannot concur,
the proceeding becomes revolutionary, and
the power of the body to give any certif-
cate at all, is destroyed | do not doubt
therefore, that the Governor and the Attor-
ney General were right in refusing all ere
dence to the certificates given by these dis
trict boards We are obliged to fall back
upon the other evidence presented.
In three Of the counties, Somerset, Fulton
and franklin there was no division in the
county boards. In each of them all the
judges signed the same certificates, showing
fairly and fully the whole vote in the town
ships, camps and hospitals, for each candi-
date. These certificates are without doubt,
good and legal evidence of the result in those
counties. But no certificate from Adams
OF Bedford was signed by all the Judges
as the law requires Therefore we are OBJ
liged to go back one step further, and see
if there be any evidence behind that point
which raises a presumption in favor OF eth
er party. The certificates of the election
from the judges and inspectors Of the sew
eral districts, camps and hospitals must be
examined, and the number of votes for
each candidate aseertained from them. If
these, as returned to the county boards Of
Adams and Bedford added to those which
are lawfully certified by the county boards
of Somerset Fulton and Frauklin, exhibit
majority for Mr. Koontz, he is prima
facie entitled to the seat, and if not, not.
repeat, that the vote should be taken as
certified by the county boards in all those
counties where the boards were unanimous.
In the two counties where the boards diyi-
ded and failed to make legal certificate,
the original certificate of the judges and in
spectors must be resorted to. The duty Of
the county boards was to send these same
returns up in the convenient form of an ag-
gregate certificate, but that not being done,
a court in the case of a county officer, and
Congress in the case of a member, mast
take tie returns Il, their elementary co',di-
ton
A certificate, however regular it may be,
whether it comes from the district board, a
county board, or the primary officers Of
election, is no more than prip,a tacie eyi-
dence of the facts certified 1t may be con-
tradicted by proof but proof for that pur-
pose can be heard only in a contest where
the parties confront one another.
The candidate in whose favor presump-
ton is raised by the naked certificates, has
orfma tacie, a right to the seat, anG can law
fully call on hisadversary to begin the con-
test, by proving that the returns are fraud
ulent false, or erroneous.
Receiving the unanimously certified re-
turns of Franklin, Fulton and Somerset for
true, rejecting the acts of the county board
in Bedford and Adams as nullities, and
looking at the original certificates for the
vote of the last named counties, Mr.. Koontz
appears to be elected II Mr.. Cofroth can
show that the returns are false, or the votes
against him illegally cast he has right to
do so, but be can have no prinad tdcie title
based upon evidence which he has not yet
given and which is not admissible except
in the course of regular contest
What have said here about the duty of
county board, district board, or COM
mittee of Congress to receive the returns as
they are certified, does not apply to papers,
purporting to be returns, but known or be-
Teyed TO be mere forgeries, nothing of that
kind is alleged in this case, so far as know
or have heard. J. S. BLACK.