The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1868-12-05
LEGAL INTELLIG ENCE.
The CONTESTED ELECTION CASES.
Motion to Quash OverruIed-Judge Lud-
low DisSents,

COURT OF COMMON PLEAs-Judgos Allison
and Ludlow.-This MOI ming. before large
asSemblSge of lawy erB President Judge Allison
read lengthy opinion in these cases. refusing
to quash The petitions OF the contestants. He
said that The sp eitics!ion made by the re-
spondents as to dumping" In the petitions,
and also as to the loose generality of the allie.
gallons of fraud, had been SO often the subject
of decisions in this Court, that they
ought TO he considered a settled point, as mucn
as repeated and uniform judicial action upon
them could make them SO. These he dismissed
without mucn comment. In regard To the
objection that one OF the petitions IN this Court
was sworn 10 before deputy clerk who had no
authority to administer an oath, he thought
the decisions and practice In our State were
clearly to the effect that "where u deputy IL
employed he has the whole power of the prin-
cipal." such view readily disposed OF this
specification.
ing one of the petitions WAS administered by
Recorder Givin who, 1T Was cOntepded, ha
oeaso. Thi6 poiut was oeCideu ami III aIlveIy ny
Judge Brewster in ScOuman VS.. .ScOuman, and
upon which the Court was compelled To pause,
and were unable TO come 90 au .unaDlm0us de-
cision, was as TO the validity of the attidvaiLs,
setting forth that the petitions were true ITO
the best of their knowledge and BELIEF of the
afiidavis. The act of Assembly relative 10 the
suite required that the affidavit should be
absolute that the facts set forth were positively
true. But In order to get at the true
look at It's reason, for wiChouE reason w
IL was body without soui, 81 shadow without
subsi ance. The acts of Assembly in regard To
contested elections were remedial and, sccOrd.
Ing TO known canon5 OF construction, sho hould be-
construed literally. so as TO repress the evil
respondents had requested the Court To repres5
the remedy and extend the evil, by declaring
that because an absurdity was not com piled
with by the petitioners they should be denied
the right Of Investigating and showing what
was said to be most gigantic crime against
the liberties u the people; for To require the
petitioners 10 swear that the vsrions alleged
fTau6s that occurred in the hundred precincts
In this city, on the same day, per haps at The
same hour, were seen by them and were posi-
lively true, would be TO demand an impossi-
bility, which The law never intended TO inn pose
upon sggrieved citizens. He thought tn az rea-
son, justice, and law i'm peraJiveiy comm 1nded
the Court to overrule the motion, which was
done.
Judges Brewster and Peirce concurred in this
Judge Ludlow then read a dissenting opinion.
which was an earnest and aole protest against
the decision of the majority. The various
grounds upon which his dissent was founded
First. These afidavits are defective, because
by positive statute the directions OF the act
sba all be strictly pursued"
Second. Because by the canons OF construc.
tion recognized and enforced by legal writer's
we are bound strictly TO enforce the directions
Third Because by judicial decisions rem
dered In this Commonwealth in time past in
analogous cases, the point has been definitely
and absolutely decided.
Fourth. Because the point has been decided
in analogous cases by our own District Court
and by this Court.
Fifth, Because decision sustaining the va
ldttY or t0es0 aDluaVltb amounts 10 JUDICIAL
legislation, and this of the most dangerous
nature, in that she persons making tue attida-
Wits cannot be prosecuted and convicted for
perjury under this statute,
After arguing at some length In support OF
these reasons the Judge concluded:-
at Is q matter ofregret that IL has been I'M
possible for me TO convince my brethren OF the
Soupdness of my own views. Possibly, II the
law had not already spoken, might have fol-
lowed some other rule of action than the one
by which have been guided, but as could
not substitute either my own Will or the COM
bined wills of any pumber or judges for the
law, am obliged, while bow To the legal effect
OF the Views OF the majority OF the Court to
record my dissent, ana in conclusion TO say,
that the law of the land, and not the Will OF the
Judges, has been the rule OF action by which
have been governed, aud rest my Judgment
firmly settled that they should notbe shaken"
The Heenan Homicide.
COURT CT OYER AND TERMINER-Judges
Peirce and Ludlow-This morning tn the case of
the Con monwealth VS.. Gerald Eaton, charged
with the murder OF Timothy Heenan, the
defense was resumed. The defense, after
examining another witnes for the purpose ofa
DE- scriI tion of the locality where The elrcum-
stances of his night occurred closed their case.
Tue Commonwealth. in rebuttal, called wit
pesses who testified that on the night OF The
shooting there was curtain hanging down
from IL o awning in front OF Smiths tavern, so
tbat on could not as readily see into SmiGh'J
from Sullivan's second story window, as the
witnesses for the defense tried the experiment
after this curtain WAS taken down. The CROSS
examination of q witness on this point was in
progress when our report closed.
Colonel AIexander's Case.
UNITED STATES DISTRICT CoURT-Jndge Cad.
walao er.-ln the case of the United States vs..
Colon ell Alexander, charged with corrupt
dealings In the capacity of Assessor OF the
Eighth district, at Reading, before reported,
the Jury reported verdict OF guilty, with a re-
comm endation to mercy,
Amotion for q new trial was made, the argu-
ment OF which the Judge concluded TO hear