The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-09-11
Argument by Mr. Phillips in Favor Of
Incumbents- Conclusion by
Mr.. Meredith.
Court Of Common Pleas-AllisOn, p. j., and
LmdRes LndlOM. Peirce. mud BreMster.

period of short speeches. as was good-humoredly
said by counsel Yesterday The arguments zen So lar
and by the extreme politeness, good feeling, and
cordiaty among the forensic antagonists and be-
tween them on the one SIDE, ana the Behch Oh the
other.
MIR. Hirst resumed his discourse where he left Off
yesterday at the close of our report
Remembering that have deemed the case OF the
Receiver Of Taxes the only one requiring argument
present to your Honors three more illegal votes In
the Sixth division of the Seventeenth ward and the
sixth division OF the Fourth ward, and also thirty
nine votes Of Republicans cast for Mr.. Fletcher.
Mr.. Hirst here made numerous references to the
the Kind attention they had given him, closed.
Judge strong's Argument.
Judge Strong then arose on the part Of the con
testants, and spoke in subsistence as foOws:-
enter into the details OF the evidence that has Deen
submitted to the Court; that has been thoroughly
and most lucidly discussed by my colleague, Mr.
Mann and on the other side my friends have dis
cussed their own evidence, which they offer to miti-
gate the severity Of the charges we make and to re-
but them. / am fortunate, think, in being relieved
from the disagreeable labor Of exploring such
wrong and fraud to the public and to individuals as
have been disclosed by this evidence this is not at
all to my taste. Certain facts, believe have been
clearly established, which show that the election
officers who have neglected their duties, have been
spoliators of rights Those officers who marked
the letter opposite to names that were not
voted, have deliberately destroyed the evidence
of an election provided by law
Repeating, false presentations, and the voting of
uBassessed men were common olenses at these
polls making the returns entirely unreliable. What
is to be done in these precincts? Purge the polls
Mr.. Hrst says separate the chan from the wheat,
and appeals to his Honor Judge Brewster. But can
that be uone ? No. sirs, there is not sieve fine
enough to CLEAN the truth from this great heap of
falsehoOd. The only proper remedy is to cast out
these polls say to the election officers that 'f you
do not perform your duties you vtiate the polls and
there Is no election. If you do not do this, you offer
premium to fraud by informing these officers that
they may go on and cheat and yet not lose The
time has come when you must teach the election Off
GERS of Philadelphia that those who maperform
their duties shall lose, be they T., Republican
throw out these polls you dsfranchise individuals
aud even whole districts. Well, it may be you do,
using the term disfranchise in loose meaning
But who is it that it thus dsfranches? 1t is not the
Court; 1t is the man who commits the fraud at the
poll Unless you apply the remedy we ask, you will
entertained by many honest citizens, that our insti
tutons have proved a failure our Constitution
zen, but our Legislature has at the same time pro-
vided conditions upon which alone the right can be
exercised. The law says that the election officers
shall have list of assessed electors, and allow
man to vote whose name is not upon this list.
Each qualified elector must have paid his tax,
and therefore when man offers to vote
whose name is not upon the list it is the lawful pre-
sumption that he has not qualified, and he must be
rejected. Counsel on the other side say this pro-
vision is merely directory; but / cannot see now
your Honors can think So The law says this shall
be done and imposes penalty for failure to do it; ;
is this directory? i do not conceive how a prohibi-
ti.n of the law be called directory. 1t is also
commanded that no name shall be marked as voted
when the eector bearing that name has not cast his
ballot Where these things are done the election
cannot be regarded as due, and must be cast out
But it is complained that by doing this you punish
the honest man for the misdeeds Of the dishonest
Well, is that anything strange? If the division had
not voted according to the requirements of law what
right have they to have their vote counted and what
right have the candidates to such votes /?
Do we not see that the community repeatedly
loses property and interest through lack OF fidelity
in its public officers, and for the protection of every
man OF this large community you must apply this
rule here. Who cares whether Mr.. A. or Mr. B. is Re-
ceiver of Taxes? l do not. The incumbents are
undoubtedly as respected, honorable, and worthy
gentlemen as the contestants stand not here as a
partisan, but do labor for the vindicaton of the
purity of elections and the safety of us all We
are told that many Of these neglecs were Committed
by Republican officers No matter by whom com
mitted, they are none the less wrongs and work to
the injury OF the public. Cast all out, without dis
tinction, where these things were persisted in Last
year your Honors ruled that because OF few and
unllhportaht osregards OF the requirements of the
law the election should not be annulled
True, acquiesce in that, but it cannot apply
to divisions where fraud is the habitual practice oc
curing year after year. Can any one believe that
the frauds committed in the Eighth division OF the
Fourth ward and the Seventh division OF the Third
were innocent mistakes? That the officers did nor
know better? Have they not had notice that the
law must be regarded or else the election will NOT
be sustained? The fact OF overlooking these things
them in this city and in New York have become a
stencil in the nostris of all honest men in the ma
ton, and all the civilized world, and disgrace to
clVllzatlon. Judge Brewster last year feared that
the application OF this remedy would destroy the
candidates Tor things over which they had no CON
tol; but ask again, what right have these candi-
dates to illegal votes? What is their interest com
pared with that of the public and the Importance OF
preserving the purity of our elections
We must first secure our own safety and then we
VIII attend TO that OF our own representatives And
OF these candidates am not the partisan. do not
speak Tor the contestants do not know them, with
one OF TWO exceptions. do not know any of the
incumbents save two, whom | know to be perfect
gentlemen anu honorable men, and who have proven
that they are as efficient officers could be selected
But speak for our institutions, | speak for the
whole community; as citizen, as counsel as one
most deeply interested in the Yindicaton of the
purity Of the ballOt-boX; and beseech yOur Uonors
rlgldly TO apply TO this election the rule | contend
lor and announce, once for ALL that unless an cleo
ton can be conducted honestly and according to
law, 1t cannot be sustained by this court UpOn this
determnation investigate the proof and If you lind
that the fraud committed in these precincts to have
been habitual, throw them out
Now IN regard to the Supreme Court naturaza-
uon papers, wish TO speak but briefly. l have
known the Honorable Chief Justice many years
have known Judge Sharswood many years; and /
must say That know that no wrong whatever was
intended by them. They are both honorable and
learned men, and ornaments TO the community. But
the Court was imposed upon There were gross
frauds committed there in the mode of obtainng
these papers, in the manner of vouching and in
other particulars. have also known Mr.. Snowden
the Prothonotary, many years, and express myself
convinced that no wrong, no fraud was Intentionally
done by him, or was perpetrated with his cOnni-
vance. These gentlemen ! have known long and
well, and l take great pleasure In thus publicly
saying that they are free and innocent of any
intention whatever TO do that which was not honest
ana upright ana VIII say JnaJ the rejection
certificates of the Supreme Court by the election
officers was great mistake; it was their duty to
have received them, having OF course the right to
investigate them. But unless your HonOrs can come
to the belief that this rejection a corrupt and
perverse act, do not think you can deem ii snfti
cent cause for throwing out the polls where n oc
Cured; and when you look at the circumstances
surrounding the issue OF these papers, you will hardly
form that belief. Urging upon your Honors the
necessity OF guarding strictly the purity OF our cleo
tiOns by enforcing without mercy the only eectual
penalty npon frauds, now conclude my remarks