The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-01-29

ava Whhahss
CONTINUATION OF THE FINAL ARGUMENT.
This morning William l. Hirst, Esq, for the ap-
pellants, continued the final argument in the con-
tested election cases, Interrupted by the adjourn
lnent yesterday. Mr. Hirst exhibited map OF the
district of Philadelphia which had been stricken out
OF political existence by the action OF the lower court
He said that this district included many or the most
70 be ,hs ruSn place that It is Isl alleged I % to be- He
read the opinions of judges in former cases, and
then the decision OF the judges OF the lower court in
this case, and endeavored to show the great dis
similarity between them and the utter want OF pre-
cedent for the decision in this case. lie said that
makes mention OF the fact that ne himself
and two other judges did not approve OF throw
ing out wS0 oy because there Sa was epe
OF uuiy by the officers, and because there was fight
tng at the polls. This cannot be sufficient cause
These happen at every election. According TO Judge
Strong's argument, complaint without speci6ca-
tons Is sufficient to produce this effect There is no
averment in the petition thai the election was held
on a wrong Gay, or az q wrong hour or place. or
anything of the kind The epithetica part of this
petition may go for nothing: A party may stulr
bill against persons found passing counterfeit
money with all kinds OF epithets, but unless IT AYERS
soenter 1t is OF no account The ayerment In this
petition includes the whole OF the election officers.
1t ia well known that that there were nine officers at
each poll. Is it likely that all OF these would have
entered into combination for fraud? In the case
Of the fraudulent voters and the personators 1t Is
very easy deduct all their votes from the account
IN place OF striking ont In the ayerment It is said
qualification OF voters and refused TO entertain
challenges, but 1t does not say that any OF these
persons thus challenged or unqualified actually
voted In the case where 2S votes are said to have
been Illegal, have the list Of taxabes, and also
the list OF voters Nothing Is easier than to strike
out the illegal ones. In reference 10 the first overt
act set forth I'm the paint there s no proof that
IL ia impossible TO strictly define 1t. The second re-
garding the personatOrs they must prove It falls
70 the ground. This they cannot do In principle
degree is there any difference between three
votes proved Illegal and 153 votes. III the three
hlegal, the whole poll must be stricken out as was
done in one district for 1853 illegal votes? But in the
books published by the other side there is list of
the illegal votes arranged by hour and residence.
These 1t is very easy to strike out When we came
would be made to strike out entire polls when they
have this entire list. II these proven names are all
counted out and the polls kept in, we still have
majority for all our officers.
Suppose the canvassers under the registration
law had inserted 1853 names their list which
ought not to have been there, what would the Court
think II they were asked to strike out the entire
registration list on that account? And yet In this
case it would not have been half so pernicous for
the voters could have q remedy; new list could be
made But at this election the polls were sur
rounded by policemen, the instruments OF the
officers who held the offices In their hands depen-
dent on the results OF that election. They would
naturally be watchful to see that no fraud took
place to deprive them OF their offices. In the
OF corporation election OF any kind OF stock COM
pany, the striking out whole election because some
had voted who had no right would never be
1t is said that the court power to set aside an
election. The power is undOubted II the grOund is
sufficient 1t is for this court to decide what is sui
cent ground for the setting aside OF entire cleo
ton division. is 1t right that we have nothing but
sls record OF the lower court? The should
the grounds upon which the court has assumed.the
striking out authority An Act tof Assembly has been
overlooked by tBe other side which merits the atten
ton Of the court. This assmilates this case to
ease In equity 1t even adopts means known only
supreme ConrtEas in equity-and that the
mode of procedure shall be as in
equity proceedings. In In equity any man may
where many have their rights iniringed il is said
that your Honors must have your hands tied and
can do nothing, cannot even Investigate. 1t is in
the theory and essence of the Constitution that the
lower courts may make mistakes and that this Court
should review their decisions. At the time OF the
decision OF this case in the lower court it is well
Anown that Judge was on the eve Of leaving the
bench, and that another was on the wing.
Under these circumstances may 1t not be
possible that the case was not fairly con-
sidered, and that mistake was made which
court VIII be legacy OF good or evil to each OF
the members OF this Commonwealth. The two eX-
amners were appointed oy te me court co. m OF t9eit Swa
should have been two is not KNOWN unless 1t was
10 represent both sides. Unfortunately, however,
they represented one side only. IL was said that
there were false presentations at the election; but
who knows how many false presentations took
place before the examiners? They heard
would have received. They spun 1t out to i'm
mense length. They each charged sS60s for their
back OF private once, and they were both in
favor OF the same political candidates. Were such
No one would ever think Of referring case in the
Nisi Prius Court to an examiner. An examiner
soud keep case going Ior eyer ana there here Is s. no
q close, SO long as he got well paid for 1t.
This way OF deciding the question is like the COM
mercal transaction OF paying nifty cents on the dol
pay what we can Regarding the question OF the
case being heard at the next term, 1t is law In use
all through the land that there must be certain
limit in time criminal cannot be found guilty un-
less he is accused within q certain time.
AS regards the amendment there is no court in
Christendom which would allow new cause of ac-
ten TO be brought just before the giving OF the
cree. Our opponents have said that We should have
protested at the time. They say that We should
You must not allow that L is out Of time; it is out
OF order.n The court had said that the case must
close; that no, no more S. testimony saI should be be
place to Interrupt the court 1t was
an anomalous case at all events for the court to
order the amendment 1t is not a usual thing II
persons do not file the necessary petitions, for the
court to turn petitioners and do IL for them. The
ballot-boxes were opened after the court had said
that the case must close, where we had no chance
TO rebut the testimony. Your honors will ind by
she reading OF the testimony that this was made
strictv party question. Counting out all Illegal
votes Mr. sheppard will still be elected by votes
and be 1t remembered that Mr. Sheppard was elected
not by his own party, but by Republicans. He dis
charged his duties with satisfaction TO all parties
1t has been thrown in our teeth that New York
rOughs voted our ticket In one division. We admit
this, and do not count their votes, but in another
district there were Baltimore rOughs who voted the
Republican ticket, and they behaved In the most dis
orderly manner In one case there was a man whose
vote was refused at the poll on the ground that II
was illegal He wanted to vote the Democratic
ticket. He went TO the house OF friend In the
SStsing Republican heading on ii, when his vote IL
was received without question. This Is even
handed justice
AS regards the oath OF the petitioners, the words
''to the best OF knowledge and belief" amount TO
nothing as they Rave used them. IL is the easiest
thing In the world TO get signatures when the pet