Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1868-05-14

pc-ltlon IN TINS case, anu rulko out AL the oyl-
dence given in support Of or under, said so-called
"amendments," for the following rsasonsi
!. Because the so-called "amendments" were
not signed by the petitioner, required by the
; statute, TO wit; "By at least twenty qualified
electors Of the district" tf..r.
2. Because the alleged "amendments" are not
accompanied by an affidavit taken and subscribed
by at least Eve Of the petitioners, that the facta
therein stated are true to the best Of their knowl
edge and belief, as required by the statute.
3. Because the alleged amendments" arc not
accompanied by certificate from the treasurer,
prothonotary or commissioners Of the county
where the petitioners, at the time Of signing the
same, were qualified electors Of the district as re-
quired by the statute.
4. Because the alleged "amendments" 10 the
petition were not presented to the Senate within
ten days after the organization Of the Legislature
next succeeding the election, as required by the
statute, to give the Senate Jurisdiction In the case
which statute provides and enjoins a. follows :
"But no petition complaining Of an undue election
or false return Of person elected Governor, SEN
ator or member Of the IIonse Of Representatives,
SHALL BE ACTED uPoH by the Legislature" unless
tho foregoing requisites are complied with.
8. Because this committee has no power, right
or authority In law, nor discretion in equity, or
otherwise, to permit allow or consent that the
original petition presented to the Senate In this
|
| proposed In this case, or in any other manner
whatsoever, as the committee have no Jurisdiction
or control over the question Of Amendments" to
the original petition.
| Q. Because the Issue In this case between the
contestant and respondent, IL founded BY and upon
the petition and answer, which can neither be en-
larged nor diminished by the committee.
| l. Because the committee solmny bound by
the oaths they have taken in this case ito try the
| of he fner
thereon, according 10 the evidence unless the com
mittee be dissolved"
8. Because the committee are not sworn TO try
or decide any facts set out in the 20 called anend
ments to petition"
.. Because even II the statute were not impera-
tive In forbiddng the committee TO exercise juris-
diction In allowing amendments to the petition,
II would be both inequitable and unjust to allow
| or act upon the amendments in this case for the
reason that the committee, have refused TO allow
amendments to respondents answer, or hear evil
dence Of facts not set out in the answer.
In support OF these reasons the statute In refer
enee to contested elections is ctcd-Aot Of July g.
1889. sec. l2g Pamph Laws 52T; Pur. Dig, D.
Sss, and pl 1853 and pL le6-l7s.
The principal objection urged to the
granting of this motion, was that it
was submitted out of time; that il
should have been made, If at all, before
the contestant closed his evidence in
chiefll The absurdity and audacity
Of this objection will be apparent when
it is remembered that it was not until
some days after the evidence of the
contestant had closed that any one
knew Of the existence OF the "amend-
ments to the petition" and not until
the same time was it ever dreamed
that the committee would not receive
the same kind of evidence in behalf of
the sitting member which it had re.
ceiyed in behalf of the contestant, and
which II was designed by this motion
to strike out. After argument this
motion lcds refused by bare majority,
the chairman, Senator Landon, voting
with the two Democrats, aud the mem
ber Of the committee who had previ-
ously said he himself would make the
same motion, voting with tho ma.
jorityl
! have given thus at length, and
minutely, a history of the proceedings
before the committee, that the people
Of the district may see and know what
evident unfairness characterized its
proceedings, aud that the majority ofl
the committee from the beginning did
not design permitting an impartial
investigation into the merits Of the
last election in this district. / might
with propriety stop here, and refer the
reader for information as TO tho merits
of the case as it stood under all the
evidence received, Notwithstanding
the previous unfair rulings ofthe COM
mittee, to the plain and candid state.
mcnts of the minority OF the commit
tee in their report, which is signed by
Hon. George d. jackson and H. ].
Linderman. But for the convenience
of the reader, l will here incorporate
the substance of that report.
The majority of the committee In
their report giving the scat to which
i was elected TO John X. Robson,
admit that the return from Taylor
township, Centre county, which gave
eighteen majority against me, must be
rejected, as it was not legal election,
the Republican members Of the elec.
tion board having, without authority
oflaw, removed the election some three
miles from the place appointed for
holding it, by reason of which reno
val some of the citizens of the town
ship were prevented from voting.
This would increase my majority
over Robson, from twenty-five, as
reported to forty. The majority of
the committee also concedc, that there
were sirty eight seperato illegal votes
proven to have been cast for Robson.
My counsel contended they had pro-
ven eighty-eightinstead ofsixty-eight.
But take what the majority of the
committee admit and il still further
increases my majority TO one hundred
and eight. They then contend that
there were tloeEty-three seporate ille-
gal votes proven TO have been cast
for me, although they arc very care
ful not TO state the names of the
twenty-three illegal voters, nor where
the votes were polled. Now l most
positively deny that all the evidence
received proves that twenty-three H.
legal votes were polled for me in the
entire district, whether specified in
the petition or not. No impartial
Judge could decide after giving the
fullest effect, that over fUe illegal
votes were polled for me in the en-
tire district. But taking all that this
partisan committee contends for and
il only reduces the majority to eighty
fue. The question will naturally
arise in the mind OF every candid