The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1868-10-21
WEDNESDAY, OCTOBER q, 1858.
H,w Elections are Contested.

The election recently held in Philadelphia
resulted In the defeat, in the official count, of
all the candidates Of the Republican party
with the exception of the President Judge OF
the District Court. The universal feeling dis
played In favor of these gentlemen contesting
the seats OF their competitors makes 1t certain
that such a contest will take place. Whether
the contest will be successful or not depends
partly on the evidence which will be adducsd
and largely on the character Of the counsel
employed. II politicians who know nothing
about law and are of doubtful party fidelity
have the management exclusively, success is
q great way off. But there can be little or no
doubt that a contest will take place. Few
people, outside of the Bar, know exactly how
such elections are contested, what time is
allowed, before whom they come, and other
facts now of public interest. We will briefly
state the standing Of each officer.
In the first place, there is the office Of
Associate Judge of the District Court, which
was gained by Mr.. Greenback by majority
of 125 votes over Judge Thayer. If the latter
would contest he must do so before committee
Of the Legislature of the State, and he has
ten days allowed him after the meeting of the
Legislature in January to present his con-
testant papers. They must be signed by fifty
qualified voters and sworn to by five voters,
and certificate from the County Treasurer,
Prothonotary, or Commissioner must 60 with
the affidavit, declaring that the parties swear
ing are bona tide residents and duly qualified
voters.
The papers are then referred to join. COM
mittee, to be chosen as follows:-The Senate
and House, in joint convention, draw from
box, under certain circumstances stated in
full In the statute, twelve Senators and twenty
five members OF the House of Representatives.
These names are given to the contestant aud
the sitting officer, and they strike off alter
nate names until there remain four Senators
and nine members Of the House, which COM
mittse of thirteen are sworn hear the evidence,
and make q report, which is final.
In Che case of members Of Congress, among
whom we believe Messrs. Myers and Taylor
will be found, the contestants appear before
the Election Committee Of the House, and that
Committee report to the House, and it acts on
the report.
The remaining offices over which there will
be contest can be divided into county offices
and municipal offices.
The county officers elected this year include
but one actual county officer and one pseudo
county officer. The Prothonotary OF the Court
of Common Pleas is in every respect county
officer, and the statute makes the District At
torney stand in regard to contest in the same
attitude. Both of these officers must prepare
and file their contestant papers, with speciica
tions, in the Court OF Common Pleas, within
ten days after the election. A petition OF thirty
citizens must accompany these specifications,
and the facts set forth in the specifications
must be supported by the afi iavits of
two qualified voters. The Court has
full jurisdiction to determine the
case, and the determination is final. In the
case of the Prothonotary it is required, he
being emphatically county officer, that the
Prothonotary of the court shall send to the
Governor certified copy of such petition, aud
the Governor shall not issue a mmission
until the court has decided the case; so that
the present Prothonotary holds over until the
issue is decided. 1t is said that such is not
the case with the District Attorney, but that
he goes out and his successor takes Office, as he
Is not specially included in the section provid
ing for the holding over. We think this is prob
ably the case. In case there is no contest the
county officers take possession on the first
Monday of November after their electi on
But both the District Attorney and the Pro
thonotary must file their specifications withir
ten days.
In regard to the municipal offices, which in
elude Mayor, City Controller, Receiver o
Taxes, City Solicitor, and City Commissioner
the Court OF Common Pleas has absolut
jurisdiction. The specifications must be ilet
within twenty days after the election, and
petition must accompany them, signed b,
fifty citizens, and sworn to by two. Thes
Offices do not remain in the hands of the pre-
sent incumbents, but on the first Monday
January the holders of the certificates ente
on them, and continue to exercise all th
authority until the case is decided. But thsr
ia one drawback to the enjoyment OF the'
places.
By the act of April TO- 1867, receiver is
be appointed. That act provides that whe
ever the election of any officer shall be co.
tested before the Court of Common Pleas
Philadelphia, the Court, upon the applicable
of any citizen, shall appoint receiver to tai
and hold all the fees and emoluments OF &
office until the determination OF the contei
The receiver must give security in an amou
IN ha fixed nv tina Court and on the hI