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

Mr.. Speaker: ! trust, SIR, that the
Senate will not adopt the precedent
that is here attempted to be adopted,
and that they will not violate the
plain letter Of the law of the Com
monwealth, as this proposition un-
ouestionably does. We have by the
report of this committee two questions
before us-one of these returns is
signed by three judges, the other one
is signed by one Judge. One Of them
is attcsted by two clerks, the other is
not attested in any form. Each pur-
purts to give the sotes Of each vf the
counties composing the district-Bed-
ford, Fulton and Somerset. The votes
Of Bedford and Fulton are found to be
identical upon each return; the vote
of ofSomerset differs in thereturn signed
by the single Judge from that signed
by the three Judges and the clerks.
Each processes TO be the return of the
whole district. And here comes the
difficulty. What is board from
which Is to emanate the return upon
which the primd tdcie right Of a Sen
ator to seat upon this floor is TO be
based Is it tho act OF the return
Judges of the county Of Somerset il
naming a single individual to carry
the return Of that county to the dis
trict board? Or is it the concurrent
act of throo men, one from eacl
county, each a Judge, who have met
organized and counted up the votes
ascertained the majority, made N
the return and signed IL The posi-
ton of the gentlemen representing
the majority of the committee is tina
the report of a single return judg
from the county Of Somerset, no
connected with the district board il
any way, not signed by the majorit.
of tho board, is 10 be taken as show
ing the prima fdcie right, instead Q
looking at the great fact that the lay
requires that the three judges Shout
meet and organise and make tho repor
to us, aud that upon that report W
are TO determine the prima fdcie righi
What are tho iactsg They are be
fore us undisputed. They arc tina
! the three return judges met, undo
the law, at the town Of Bedford tbs
they organized, Gn due form , tha
HicLs who signed tho single repol
g was made member Of tnat board
that they then selected a PrcsidcI
and elected two clerks that M
Hicks participated in that election
, that when completed tho return
Somerset county was called for; thi
he produced n return excluding All
eheny township and her two hundrC
voters, and attempted thereby TO di
,e franchise them; that another retul
Judge of Somerset county, name
Mowry, one who had been memb
of the county board, then produced
return empracing all of the distric
in the county, and with these tv
returns before them, the board pr
i, ccedcd to complete the return sign
y by the three judges and the clerl
d. When the board determined to inclu
tho whole vote, Hicks, the rclu
Judge, left the room. The law do
not Say that the county board
sending one of its members TO {
district board can exclude the vote
any district, but its language is I
very reverse of this. IL is made j
ID peratiye upon the county board
count "dH he U0fcs," and iia dUlocii
return appears they must send it
ct, the Secretary Of the Commonweall
II In making out the return for the d
= trict board the law requires them
J., amake ont q fair statement of all
uoies,' and the duty Of the distr
board is declared TO be TO make duI
cato returns of "dH the Uotes i
-S regular way Of obtaining this inior
. alton Of course is through the luu
Ia. who carries the return, but any jud
, can carry return, for the language
- the law is, zone of the said judi
shall take charge" &c. When il
imperative 70 count all the votes, @
Sk Si when il is an undisputed fact tha
sF. whole district was omitted 10
i've return and included in the other, I
oH the latter was right, no palmer d.
vim could DO imposed upon tho dist
board than to count all The Dotos
Z so return them.
~ Mr. Hicks was asked for the
~ vote and declined 10 rive 10;