The Wyandot pioneer. (Upper Sandusky, Ohio) 1853-1868, 1867-05-02
The Mayorality of Mount Airy
Contested ElectiOn-TheJ Judg-
cs go Off with the BalIOt-boX-
Election held to be VOid.o,s
DISTGICT COURT.

NuSe vi VIE litiU Ol INC Judges, an
that, therefore, the old Mayor, Nj
Shonter, remains in office; and, sec
ondly, that if the election is not hel
to be invalid on this ground that Nh
Ritt has usurped the office, as h
Brown J had received a majority o
the legal votes cast-ten illegal vote
having been cast for Ritt.
Rilt replies that he received th
majority-that he holds the certifi
cate of his election from the Recor
der, and has been sworn into offlc
as said Mayor.
Mr.. Shonter, the present Mayor
who is made q cO.defendant, claim
that the Judges having left the poll
during the day, taking the ballot
box with them, the election becam
illegal and void, and that neithe
Brown, the relator, nor the defend
ant, Ritt, is entitled to the office, ,anC
that he is himself the legal incum
bent.
Two Of the parties, who were
claimed by the relator not to have
been qualified voters, were Called
It was objected that they were for.
eigners, and had never been natural
lied.
T. Zimmerman testified that he was
born in Europe; he came to this
country when a child did not take
out citizen papers; his father was
naturalized before he (the witness
had attained the age of twenty one
years.
A. Metz testified to the same eff
feet. The Court ruled that upon
this state of fact, by the naturaliza-
ton OF the parents, during the mi
nority Of their sons, the latter had
become citizens ofthe United States.
appeared from the testimony of
j. X. Hatefield the Recorder of the
village, and Patrick Grogan. that the
judges of election left the place of
qoting at about II O'Clock, taking
with them the ballot-box, and re-
turned with it about half past I
O'Clock.
Apaper containing the names of
tfla voters was offered in evidence.
and identified as the list kept by the
recorder Of the polls. An objection
that it was not signed was overruled.
Mr.. Pugh, in his argument on be-
half of Ritz, admitted that it was a
breach Of duty on the part of the
judges to suspend the receiving Of
votes; yet, whilst it might subject
them to punishment, if the Court
was satisfied that there was on
tampering with the ballot box,
would they set aside an election, in
volving one oftwo that
the village must submit to an admin
istration that they did not like and
under which they had progressed to
the great folly Of getting corpo-
rate seal, or that they shall be put to
the expense Of getting another cleo
ton. Was~not the majority cast for
Ritt a fair representation Of such as
choose to vote. Mr.. Ritz did not
vote himself, though he did not sec
why.
MI. 5rown-He did not live within
the corporation.
Mr.. Pugh-Would the result have
been different if these votes objected
to were stricken out? Was the act
of the judges fraudulent? Was it
wanton F.? If it was merelp the act of
men not intending to do any wrong,
but not properly advised in the law,
and that the result was not affected,
would the Court oust that party who
was Ene choice ofthe majority. The
circumstance could not affect the
election, and merely goes to admon
ish the people Of Mount Airy that
in choosing men to be judges Of cleo
ton, it was not sufficient that they
should he honest, but skilled in the
purposes and objects of an election.
Mr.. Brown-That is what we
think ~
Mr. Hoefer rose to to address the
Court on behalf of the cold Mayor"
but the Court intimated that it was
not necessary to offer any argument
Oh that side.
Mr.. Crapsey, on behalf Of Mr..
Brown, said that under this intima-
ton Of the Court he would not offer
any remarks.
THE DECISION OF THE COURT.
Judge Brinllerhoff announced the
decision ofthe Court. 1t was cor
rectly stated by Mr.. Pugh, as uni
versal law governing all elections,
that, throwing aside mere forms, the
only question is--who has got the
most legal votes (? The point as to
the want of the signatures of the
judges to the papers touched mere
matter of form. The object was
only to authenticate the paper, and
it was competent to authenticate it
by other means, as it WAS by the
oath Of the Recorder. So, also, as
to the administration Of an oath to
the judges. They were sworn as a
matter Of fact, and acted as Judges.
They were sworn as a matter of fact,
and acted as judges de facto.
1t ives beyond dispute, however,
that, for about the space two hours
the judges and clerk of election left
the polls, and took the ballot-box
away, returning afterwaade and re-
afterward and resuming the
business of the election There is
no pretense that the ballot box. was
with, but rather in igno-
rance of what their duties were.
The Court was Of opinion, that
such conduct on the part Of the
Judges goes to the substance of the
election, and renders it void IN toto.
The statute prescribes that the polls
shall be open at a given hour in the
morning, .snd closed at a given hour
n the morning, and closed at a given
lour ip the morning, and closed at
! given nour in the afternoon. It
vas the express design .afthe Legis-