Urbana union. [volume] (Urbana, Ohio) 1862-1872, 1870-06-01
URBANA, OHIO w f1Dr7 IsesDA 10r JUNE 4. 1870,

YOU and me vote = and by my peTSua-
sion, by my 'OtheTwise,' I hinder OF pre-
vent tIiifn from voting on that occasion,
fors0oth, Pam liable to be Indicated un-
der this section, and also to pay him
$500, with costs and such counsel fees as
the court may prescribe. Or if l per-
suade him to pair of with me and 1
then vote, and in that way should hum
bug him, by breaking my pair, should
be subject to this penalty. If | broke
nv pair should deserye'tO be punished,
I admit: but ] do not think this is the
way in which to do it. This is a crimi-
nalstate which provides for pHnishing a
man for hindering or S0tHerWise' pre-
venting persons from voting. But that
is not all. 1t extends to all who shall
hinder or prevent 'Or Rttempt to hinder,
delay, OF ObstTuct.'
.WhatCertRintysgfdesciptiOn o.. What
certainty there is in such an Offense as
that! What is the attempt to hinder or
prevent? ? I Should iike to know what
is the attempt tUdelay. III undertake
to reason with man as he goes to the
polls. that he ought to vote for \ B in
stead of C. D, and we stop on the road
side and reason the matter, talk it over
and that delays the man, l suppose if
they can make out that I did It with n
bad motive tia t4FOdld be held to be an
attempt to delay the man from voting
What is the punishment for that? If
I attempt in that way to delay or him
der a man from voting the man IS enti-
tied to $500 for It, / must beindicted and
PAY $500 70 The United States and-gO to
prison besides. Does not everybody see
that 1T puts men completely in thespOw-
err Of the unsefupuipus What, ,-man,
rs a. fuf
There IS no man against whom some
bad man cannot swear, II disposed to
make money 0uteof him. sOme-ohense
under this bill Here IS reward of
$500 for false swearing There Is no
man a9ainst whom such \ william may
not swear that he attempted tozhinder
or delay q prevent his voting. You put
men completely y ct the mercy of those
who swear falsely, and add the@Induce-
ment TO swear lilselE of $500 into their
pockets That is the effect of this.act.
Sir, has any State ever found itneces-
sary to pass such a law as this2e Has
not the purity 0f tie ballOt-bOX- been
preserved as wei as it ever has been
preserved in any country where there
Were elections without such enormities
as these =? And has it come to be
that the adoption Of your fifteenth
amendment or anything else has made
it NECESSARY thus to offer a premium for
perjury and to put every man in the
community at the mercy of a villain?
z But, sir, that is not EaHfT7let tus now
come tOfhe fifth sectioni and here 1
want the attention of my friend from
Nevada, who fathers and champions
this bill. b Let us look at this fifth sec
ton and see what a beautiful thing it is
in the eve Of a lawyer. ! want, some
exposition of this, ana if it should pass
into law the courts viii need some ex9
position of it l am sure:
That any person who shall be depriv-
ed of any office, except that of member
of Congress or member Of State Leg
islature, by reason of q violation of the
provisions of this act
That is, by not allowing people to vote
who are entitled to vote 7s7
shall be entitled to recover possession of
such Office by writ of ildlddn''ts.
Ye gods! a writ Of UIa5JClumUS to re-
cover possession Of an Office Suppose
somebody is cOun ted in as Governor. of
Ohio by the Legislature, as our consti-
tuition provides; the vote is counted and
the man is declared to be elected gov
ernOT of Ohio, is inRugurated, and the
other party, the defeated candidate,
goes to the district court and asks the
keOUFt for a BVQRC5HDlJtS to get possession
/ of the office. VIII the gentlenen tell
/ me to whom that T1di1da mus VII be di-
rected a nIu1lGInnluS is writ that
commands somebody to do something.
If it B an alternative writ it commands
somebody to do something or show
cause why he does not do it. To whom
will your writ of DldRddnl1lS. go to put
EpUt the defeated candidate into the pos
session Of the gubernatiOnal chair of
Ohio? Shall it be writ Of DlGROInDI,LS
to the incumbent to get out? Shall
that be it? In other words, shall it be a
writ of quo JUdTTGntO !? Ifit is, then it is
not writ of nlnRddDluS; that is all 7
have to say. m
Take any other case, say that Of othe
Judge. "A Judge of the supreme eacOurt of
a State is elected and duly commission
ed by the Governor, and the defeated
candidate goes to Judge Leavitt, of
Cincinnati, to get a 7llQllddn2uS to put
himself, the defeated candidate, in pos
session. I should like to know to whom
the BaagoEalBgs is to be directed.
GBIr. STEWART. Iaskifthe writ of
DIolIdGDIIs is never a proper proceeding
for the purpose of getting pOssessiOB OF
an office?
Mr.. THURMAN will answer that
question, and will show the only case
in which it is proper proceeding. A
nlO1ldOBlltS is never a proper proceed
! ingin cases of eOntestedl election. The
casestO which it applies arewhere man,
for instance, in England, is entitled to
! be q burgess; q nloROGHIltS issues to the
corporation to admit him if he is wrong
| fully excluded from his right. If per-
son is q eOrpOTatOT, and the other stock
! holders exclude him from his right as q
! cOrpOTatOr, a nJdBddDluS will lie to COM
| pei them to receive and admit him as d
cOrpOTatOr. But in no case whatsoever
| is alRan9qmHs the propeE remedy for
| tlle purpose of trying the Question be-
! tween A B and G. D, which of them is
entitled to an office. & T.
F-SFE4NARF,- -The-Senator will
observe that the words Cor other appro-
| pirate proceeding are also there; and'if
. N}ardGRlHS is aEnrCpriatg-I viii not
| discuss in what case it Isl but If it ap-
iPFOpTiate in aRy OaseJ that is asufiicient
Ireyision. ~ aSA a%g An
Mr.. THURMAN. As is suggested to
me by my friend from California, Mr..
Casserly,l the Senator might as well
have said i'm his IA writ Qf attachmentO or
other appropriate process" Strike out
| your llldlld0RlLlS. Do not let the Judic-
| iary Committee, for Gods sake, appear
before the profession i'll this country
lVgitl sUCha provision as that IN their
I bills Put quo WdTro5to' hifFOJI please,
hut q llot LET 'b2aBdenE9 stick there,
/ If You d6, home the Senate WltI issue q
Bid1ldaRliS TO the committee to strike
it out. Laughter.
But that Is moi all, Mr.. President.
! Maaddlpus or quo sgurroyltO, what is this
! fifth section practically? Here, as
have said, is a man declared to be elect
! ed Governor of the State Of Ohio or In
diana, and the disappointed candidate
does, what? Contest the election under
1 thecOnstitutiOn Ohio or Indiana? Not
Ia bit oft. Contest It before the tribu-
nal provided by the constitution of Ohio
or Indiana to try that question, the sen-
ate of the State? Bot Q bit Of that, but
/ he goes to some little United States dis
! trict Judge and sues out an appropriate
remedyp What appropriate remedy y
-fOrsOOth, is it? A quo lUdTTdRtO? Then
under the quo JUGJTdHtO you undertake
! to canvass all the vOtesrOf the State of
! Ohio, the State Of Indiana, or the State
| OfNew York. When will you get done d?
/ Will you do it before or after that mans
Term Of office has expired p And how
I will yOJ do it il there is q contest under
! the State constitution and laws, and the
body entitled to try it by that consti-
Luton and those laws shall decide the
contest one way, and your little district
! Judge of the United States shall decide il
the other way? Suppose the senate of
! the great State of New York should de-
] fsifln iD fqvOr Of the fT1p11uq bonf oDJ