The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1870-01-20
The FIndLay-scuIl Contest.

Hiram Find'ay was sworn in as State
Senator FROM the Somerset district on
Wednesday of last week. Thus has been
defeated the base and scurVy ATTEMPT that
was made to deprive him Of seat to which
it is admitted by all fair mindo,; men, he
had been honestly and legally elected. On
the previous day, when the question came
up in the Seaate on adopting Harry Whites
report declaring .hat Scull had d Prima
fdcis right to the seat. and ihuS making
Findlsy the conte4tant, tIco radical Senators.
Lowry and Bliugfelt. voted with the dem
ocrat5 and defeated the report by a tie cote
On the folloN ing day, the 18th. Mr.. FindEey
was sworn in on motion of Harry White
the very Senator who had reported against
hn-who thus took what is familiarly
known in legal proceedings, as a non snit.
On the 18th Scnll presented his petition,
which of course he brought with him to
Harrisburg, coEtesting Findlay'S seat, and
the Senate fixed last Tuesday as the day on
which to draw the Committee to try the
case. In connection with this subject, we
publish the following letter from Benjamin
Il. Brewster, the late Attorney General, to
Senator L owry. 1t is sound law and there
fore hard common sense, and is a complete
answer to the positions taken by Harry
White in his flimsy and partisan report:
7g6 WALYUT STREET. PHlLADEtPHIA, }
January Z, 1870.
r., m an OocuniPd
that cannot answsr you freely as | would
like 10 do. However, the whole question is
within very narrow compass, ard vii! not
admit of much elaborate discussion. You ask
ne if you have taken the right ground, and
YOU say you are anxious not to go astray.
| You Esve not gone astray. 1eu are right
| Party has nothing to do with this. Principle
| alone must lie considered, or confusion and
! legislative anarchy will be the result. The
matter has been determined over and over
| Indeed, 10 psecCdcnt can be found TO uphold
! the proposed course. The man who holds tie
! certificate is the elected man, and entitled to
/ his scat. Those who dispute his certificate
| contest. No legislative body can be organized
| ou any other priAciple. The return judges
! having certified by majority that was duly
! elected, A must take the seat. Ii Is has dis
senting opiuion from one judge, or q minority
| that no more entities him to the seat than it
| would give q citizen judgement in a court of
=
| the other way. In either case, the remedy is
! by appeal. In The meantime the occupant
holds or he must be elected by judgment in
| the whole case as presented TO tile highe.
I court, and the court in this case Is the commit
/ tee as provided by law. But there is no occa-
| sion to illustrate by analysis in this case the
! law-Ihe law is imperative and to revoke it
! for the mere purpose of upholding party supre-
macy, or from any legislative whiIn. must be
destructive OF all true legislative organization
| Some years ago ! gave my opinion OF like
character in Judge Kings case, aud ne was
| commissioned. Mr. W l.. HRS, united with
me in that opinion. The papers you can get,
no doubt, in the Secretary office, aud go de
| cded in the Covode and Fos;or case.
| ConsistenJ action and strict adherence 10 the
| law is essential in such cases. The method of
solving such disputes is q pait Of parliamenta-
r. history in England, md the course provided
was adopted after much contention, and has
! been accepted as the wise, just aud impartial
way, and being accepted procured tranquility
! on subject which before was the cause OF
much injustice. The law, as it has been ap-
| piled to each gentleman who now holds his seat
in your body, must be applied to this case, or
! you will all Of you ''go as,ray.'
Truly your friend,
BENJAH,N HARRIs EREHSTER.
! To Hon. N. Lowry. Senate, harrisburg, Pa