The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-03-25
THAYER rs. GRBENBANK.
Report OF the Committee OF the Legisla-
turo on the Contest.


The report of the committee on the Thayer-
Greenbank case, after setting forth in detail the
object for which the committee was appointed,
says;-lt will not appear surprising that the
committee do not agree with either the counsel
for the petitioner or respondent, the first clam.
ing clear majority OF 212 votes for Mr.. Thayer,
and the latter, one of whom claims majority
OF 2O5, and another 243, as equally the clear
majority tor Mr.. GIeenbank.
without going into details, your committee
has not been able TO find any such majority for
either OF the candidates; and II the determina-
tion of the question rested alone on the returns
OF the several divisions, corrected by all the
papers which threw any light upon them, ana
OF the illegal votes proved on the one side or
the other, and the count of the ballots, your
committee would have TO report that neither OF
the candidates was entitled to the office; Tor the
caTClessness, to use no harsher expression, IN
most of the papers in making up the return Is
most uDaccountable TO your committee, and
shows strong evidence, If not OF fraud, at least
an attempt to commit 1t. But your committee
is of the opinion that much stronger and
greater reasons exist, why the case should be
decided upon other grounds, from all the testi'
mony given.
The contestant and respondent ask your com
mittee to reject the votes OF some twentyt0ree
Meerent divisions from the return, Evidence,
however, was given only to affect the Second
and Tenth divisions of the FIRST ward, Seventh
of the Third, Sixth and Eighth of the Fourth,
Sixth and Seventh of the Seventeenth, Tenth
of the Nineteenth, and Fourth of the Twenty
fifth.
Amongst the internal evidence presented of
the fraudulent mode of carrying on the election
in some of these divisions, is the proof that the
officers received more votes In given time
than it was possible to do in the strict per-
formance Of their duties. The purpose OF the
officers in many cases seemed only to be to
receive the votes and put them III the bo2esi
without regard to whether the person was en-
titled to vote or not, and in most of the divisions
there was very large number OF voters not on
the list.
With regard to the Tenth OF the Nineteenth
the committee says:-"Wthout deciding who
were the proper officers at this election division,
it is sufficient for the committee TO know, from
the testimony in this case, that from the con-
duct of those holding the election, and of their
friends on the outside, the voters in this division
did not and could not exercise their lights, and
that no fair election was held"
Tie report concludes as follows: -
Your committee have reluctantly come to the
conclusion, though going step further in the
Second and Tenth divisions OF the First ward
than has ever been done before, that 1t Is their
imperative duty, from all the testimony given
In this case, to reject the entire vote OF the diyi
sons above referred to- Ifelections are to be free
and equal, I" and citizens are desrous of having
their votes made efectual, the only way is to
hold the citizen and the election officers to a
strict performance of their several duties. Mis-
takes and irregularities will even then happen.
AS such, they can be corrected, but when there
Is an almost total disregard of the election laws
by the officers, and denial on the part of one
class of voters against their opponents, the time
has come to say that If such are the facts esta-
blished, their ballots shall not count.
Correcting the returns in conformity to the
views of the committee, the result will be as
follows:-
4tayer; Greeaoank
ni',I. ~ 81, -. 5i,,i,;ooo 70 mil. W. -