The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1868-10-06
The Effect of the Supreme Court Case
on the Election.

TIE attitude which the Supreme Court cases
in reference to the naturalization Of foreigners
by that tribunal has assumed within the last
two days, has transformed what was the private
suit of patriotic and high-minded citizens into
State case. The private relators and their
counsel still continue, as it is eminently proper
that they should; but the Attorney General
with his staff, now appear as officers of the
Commonwealth, and demand in the name OF
the Commonwealth that the wrong done her
honest citizens should be atoned for. 1t will
be seen in the proceedings that, at the instance
of the Attorney General, a rule was asked for,
on a number Of representative admissions, for
the parties to come into Court and show cause
why their certificates shall not be cancelled
and all the proceeding in their cases vacated
Under the circumstances of the case we enter
tain no doubt but that the preparatory rule to
show cause will be granted, and the matter
then heard before full bench. In case such
proceeding should take place, and in view
also Of the testimony offered in the Court
against the Prothonotary, the question arises,
"What will be the duty of officers of election
in regard to the reception Of the votes of men
who come to them on these certificates 7" To
great extent the necessity of deoiding will
not occur. The fact that the matter is under
going q judicial investigation, and that
there is every probability that punish
ment will be meted out to the per-
jurers, will deter very large proportion
of the new citizens from attempting to exercise
their basely acquired right, and they will
stay away from the polls. There can be no
doubt but that they will argue thus:-"By
going to vote we run great risks
and get little or no compensation
What Is ten dollars from the Democratic
Executive Committee compared with arrest and
imprisonment We would not steal for $40
If the chances Of detection were good. Why,
then, run risk in this case 2" And by this
eminently sensible line of reasoning they will
pocket their papers and stay at home. But
there will be number, however, who will no
act in this manner-a number who will come
to the polls and attempt to vote. What is the
duty of the officers We do not speak with
the assurance Of lawyers, but we speak from
the grounds of common sense, and after taking
q view Of the probable consequences, when
we say that those judges should refuse to
receive the votes of these men if they
are challenged. If they are not chal-
lenged, of course there can be no
grounds for refusal; if they are, then
the officers could say, with great force,
"The Court does not know its own seal, the
ProthOnotary does not know his own hand
writing, they confess that there are forgeries
of an unknown and possibly unlimited num-
Der out. We cannot bs expected to know,
from our comparatively ignorant standpoint,
what the experts in the Office do not know.
Therefore, newly admitted citizens, prove the
signature and seal to be genuine. The burden
of proof rests with you" This, We hope, will
be the course of the officers of election, and if
1t is the course we cannot but believe that.they
will be sustained, both morally and legally,
when the case is ultimately decided.