The Bloomfield times. [volume] (New Bloomfield, Pa.) 1867-187?, 1872-06-04
An Important Case-Duties Of Election
Officers.

At the last term of court, case was
tried in which the duties of election officers
are so well set forth in the following charge
by Judge JunlSin, that we publish it for the
information of the public:
"The defendant was one of the inspec-
tors of elections in the Borough of Bloom
! field at an election held on the 10Th of
March, 1872, at which time and at an cleo
tion then held, William T. Shiveley, pre-
sented himself as a qualified voter, and
offered his ballot. There was no challenge
on the part of any individual, but the
officers or some one of them, challenged the
right of the said Shively to vote. He was
then taken inside, and sworn, and there
testified that his bona fide residence in pur-
suance of his lawful calling was within the
said borough, and had paid State or County
tax within two years. He offered in addi-
tion to prove his residence for ten days next
Immediately preceding the election, but the
officers expressed themselves satisfied on
that point, and proceeded to interrogate the
said Shively as to whether he was married
or SINGLE and he swore that he was mar
ried man, but had separated from his wife,
and that she was living in Allegheny, or
some where in the West; but that he had
applied for a divorce, which was then pend
ing and undetermined Upon this evidence
the Judge and Inspector of the election re-
,jected his vote, and the Inspector Sutch is
now on trial for having Knowingly rejected
the vote of the said Shively. II
A qualified voter is a freeman of the age
of 81 years, who shall have resided in the
state at least one year, and in the election
district where he offers to vote at least ten
days Immediately preceding said election,
and within two years paid State or County
| tax which shall have been assessed at least
| ten days before the election. 1t is generally
the question of residence which gives
trouble in determining the right to vote
| Residence is a question of intention; that is,
the purpose of the mind where an act is
done, what he means to do, and is used in
the sense of domicil which means the
place where man establishes his abode,
makes the seat of his property, and exer-
cses his civil and political rights. 1t might
seem to q strict constructonist, that any
actual staying or abiding for ten days with
in an election district would give the right
to vote. But you all very well know, that
such is not the case; for, if you as jurors,
were detained here in this borough in pur-
suance of your duties as jurors for more
than ten days, and an election was to take
place for this borough, you would not be
| legally entitled to vote, but would have to
go home, to the place of your usual abode,
and there you could vote, and only there,
| for it is true, that man can not have two
legal places of voting, but on the contrary
he can have but one, and the old doctrine
of residence by washing and mending has
been exploded. A man may eat, sleep,
drink and mend in one district, and even
remain there the year round in a general
sense, and yet his place of voting would be
| ,l,ar 10 md hn
cised his civil and political rights. The
reason of this is, that the law by fiction
deems man politically present at the
dwelling place of his family although for
twenty years he may not have slept in that
home over night, and yet that is in contem-
plation of law his abiding place. A man
may follow his business as Merchant in
Philadelphia and maintain his family abode
in Bloomfield, and yet if it was shown that
he never came to this place except on cleo
tion day, and never ate more than one meal
per annum with his family-yet because of
their residence, and his taxation in this
place-this would in truth and in fact be
the only place where he could legally vote.
So that you see, that many very nice and
vexatious questions may and do arise upon
this question of residence in a district for
ten days, so that it is not true, that because
man can show that he has actually stayed
in district for ten days preceding an cleo
tion that therefore he is entitled to vote, for
the cases put show you that the right to
vote does not depend simply upon an actual,
bodily residence within the district for ten
days. On the contrary, that question is
not at all material in many cases. But
when man has no other place of residence,
and actually resides within such district ten
days, ETC., and swears that it is his bona
tide residence in pursuance Of his lawful
calling, then it establishes that much of his
right to vote. When therefore the offered
voter is single man, the place of his resi-
dence or rather the place where he is found
staying for ten days previous to an election,
so far as this qualification is concerned is
easily settled. But when the offer is made
ON the part of married man, the difficulty
is greatly complicated and becomes much
more embarrassing to the election officers,
and for this reason, there are certain pre-
sumptions of law, founded upon the expe-
rience of a people arising out of the mar
riage relation, which in the absence of proof
prevail whether true or not because these
presumptions accord with the legal duty Of
the husband and wife towards each other.
The law presumes that they keep faithfully
the marriage vow-to adhere to support,
love, cherish, andlive together until "deaM
w Fte"t puTt. NOW, lhe law never pre-
sumes that any one fails in his or her duty
in pursuance of arguments, contracts and
obligations, but on the contrary takes It fol
granted that all persons will be faithful to
their undertakings. Then as Mr.. Shively
was lawfully married, had wife living,
the law presumes that he lives with her,
provides for her, cohabits with her, never
forsakes or abandons her, and this presump-
ton is reasonable, honorable to the husband
and wife, and Is in accordance with Divine
law: and should be the very truth Their