Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1870-01-26

and the clerks who are part OF the
organization Mr., Mowry's certificate
is also appended to it. If We admit,
for the sake Of argument, that Mowry
had no right TO sign the paper, still
the board was a duly organized board
of district return judges. The clerks
that were there selected and signed
this return. The majority of the
board signed it, and more than all,
the whole Of the people Of that district
are represented In that return. Now,
sir, we have before the Senate return
signed by the majority of the board.
attested by the clerk and representing
the whole people, against a return
sigued by no clerks, by but one Judge
and DISTINGUISHING two hundred voters
of the district, and upon that, ask
this Senate TO determine whether
they will make the terrible precedent
here of adopting the latter and reject
ing the former; whether they will
turn out man legally returned as
elected and put in one who comes
here with a paper representing mi
norily of the judges and a part ofthe
people. Gentlemen upon the other
side say that the return Of Hicks of the
vote Of Somerset cuuntyis to be taken
as conclusive and the action Of the
board to be regarded us null. Surely
no lawyer who aspires to be a states
man should contend for so narrow n
construction. When tho rights of the
people are involved, technicalities must
WELD to the broad views that equity
and natural right inculcate. When the
rights of suffrage and representation
arc involved, the highest duty of the
lawyer is 10 so construe the law that
the largest liberty consistent with the
scope and purpose of the enactment,
shall be attained. These papers are
TO be taken as whole, and from the
two we must erect a single return and
from the face of both, taking the high
est number of votes given, we must
ascertain who has the majority, and
10 him concede the prima faeieright to
this seat. Such is my view Of the law
and of our duty, and in this l am fully
borne out by Judge Allison in his opin-
ion in Thompson VS. Ewing, in lst
Browsters Reports, H. In that ease
there were two returns. One signed
by a majority, the other by a minori-
ty Of the board. Taking them togeth-
er, Ewing had majority of the whole
vote.
In discussing the case the Judge
says: "The direction of the law
looks to ono return or certificate OF
election, based upon the computation
of votes, and not two or more differ
ont retnrns of election for the samf
office for the law contemplates the
election Of but one person, who shall
have received the highest number Of
votes for the office designated. Wa
are therefore required 10 regard th,
two papers as one. If there are con
tradictions we must reconcile them I
we can. We are, therefore, required
to hold that the papers called return'
are in fact but one return, and as they
show that Robert Ewing has the high
est number of votes, bis primd fach
right is established, for we are TO lool
at the substance of the papers, rathe
than al their form"
The whole question of prima fdcl
= right is put upon the ground as 4
/ who had upon those papers the high
est number Of votes. Gentlemen ad
nit those papers are 20 be treated a
, a whole; we arc also TO treat them a
, one return, and ascertaining from then
I. who has the highest number Of votes
2 yield the scat TO him Such is an
/ such ought to bo the law, and | at
c willing to stake what little repntatio
{ | have as a lawyer upon the issue. n
n other rule can be or should bo adop
Y ed. There should be nothing iechn
I. cal in constituting such papers as thes,
f The man who had the largest numbC
Y of votes upon the return is entitled
d the right.
4 Let US look and see if this precedcr
Q has been established anywhere else
/. Wo have here a case very analagoI
+, TO this which came up in the llous
I, Of Representatives IN 1868 A majo
~ ity of the return judges reported in {
I, vor Of the right of Hiram Findlay ar
4 B. +. Meyers to their seats in the ot
IF or house. A minority Of the judy
one Of the board-returned certi
:, cato in favor Of David B. Armstror
: and Moses A. Ross, upon the return
signed by the majority Of the reIul
~ Judges. 1t seemed that Meyers al
n Findlay had majority Of the VOTE
= but il seemed by the other return u
N 10 include the whole vote, and npt
q. the return, signed by the minori
!, Judge, tho votes were all include'
ID ono included the whole army vote,al
or the other a part Of it. Tho papC
a were read by the clerk, and the qul
a. ton presented itself, who should
ro pu, upon the roll Mr.. Brown,
y. Warren, moved this resolution:
cd Rcsolred, That the clerk be instrJ
IS. ted to enter upon the rolls Of {
do House Of Representatives the nam
rn Of the two gentlemen from the Leg
.es lative district composed OF the COT
in ties Of Somerset, Bedford and Fult,
he who according to the papers in
Of hands appear to have the highest nu
ho Der Of votes.
m. A motion was msde by Mr. T
to shing, TO amend by striking out
We after the word "who," and insert
TO the words according TO the cert
ih. cate signed by majority of the rotr
lis. Judges Upon that, Mr. MCh
to then the leader on that side Of
ihc House, said
Jet "Mr Clark, VIC arc about 70 est
,li. lish a most important precedent Q
he il becomes Us TO do So with due del
m. Grafton, because ] believe that th
Ice has never been before this Hous
lge case that is in all respects similar,
Of even approximating to this case in
.ses most important features. Ii has b
/ is held, sir, by our judicial trbuu
md that several returns constitute but
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