, 1874-11-13

foro which to contest an election. The afIlda-
vits wcro not furnished with that view, but with
viow OF showing that ITO returhB could DO ro-
coivod from certain proclnotB, not bcoa,iso tho
1udRes Io1ocsod vote which tloy ought to have
rccolvod. or received 4 vote which t',oy ought to
havo to1octed. hut because tlor action (tiln tea-
timony would bo tl,aro to ailow IT. had bcon Bcl,
- tcnt!ea TO make tho election fraud, and TINT
tho rotllrEs could not DO raoeiYod Mt ali. Tint
MAS ono point Of hiB objection tho other was
thot no n, propor noardiexfsttd to make return i;
chargod with ministerial, md not iuacinl, f,uo-
tlons ti,o latter could not be claimed for it,, In
tho discharge OF its ministerial functions lad
certain tauta to asccrtain. It must determiuo
whother What purportcd to ba returns from
aoua who could ho judges OF an election. Thrco
rcraona calling thun,Holvos Judges, md two per-
Sons calling themselves etorlss, could mnlso lip
return on tho atrcot and send 1t In with tho
other; In TINT case, tho Board would have TO
dosertntne Which OF tho two waa the proper
return to bo counted. Tho at1idavita woro
for tho vurnoao Of dotnrmining that question,
and, wlatoycr evidence might bo introduced In
connection with fraudulent transactsonH Of the
1udEoa. was not for tue purpoHe Of contest be-
there vas any roturn that tho Doard could re-
ceive at all. AL he dosirad MAR II tllero WAS any
dispute as to tho facsa presented, II not admitted
that tho gentfomon would lot hin, know what
kuaY WgI1 tDAt D0 might comment upGQs
A1r. swett said tho question was
WHO had TAE AFFtnMAT1vE7 7
Tho gentleman [htr. Trumbull] claimed Tint,
having nado objections, which ho proposed to
sustain by proof, hc, therefore, n discussing the
question, IND tho Affirmative, Tue proof, Of
course, must b gormano to tho objGc-
question, urolimiuArily, t1,ey should 100 what
tie points n,ade III tic objection woro. Thoy
woro: First. that ono Of tho judges md tho
cterk making tho returns wero disqualified from
aesiuG; second, that the votea cast at tho pre-
clnct woro not counted and the result publicly
announced without adjournment or recaaa after
tue opening Of tho polls as required by law, but
tho ba}lot-bo1 containing tho votes WAS exposed
subject to being tampered with for days; third,
that tho votes Gust III said precinct wero not cau-
election was Illegally and trantlulontly conducted
by tue ,judgea III excluding a challenger, III
knowingly 1occfSiug illegal YoteB, aud III other
respects.. The genslo.nan tAlr. Trun,buii], as no
claimed, Ind atldavits. which 10 proposed to
judges and cloris wero Disqualified TINT the votes
wore not counted. md tho rosnlt announced
before the ballot-box WaB exposed, aud that tho
election was illegally ard ffaudmleutly conducted
by excluding tie ohallenger and receiving iltogal
votes. He objected to the introduction Of tho
testimony, and in tho argument Of that objection
ne had the affirmative. It was exactly az though
they wero trying 4 caao and upon proper papors
thc gentleman proposed to provo cortain fnct,
hnd he {SwetE arose aild objected to that ovi-
denco, aud said It was not gormane, he would
haye tae affirmative.
1lr. Trlmbull said 1t would bo impossible for
tho Donr1 to duterinile tho a,lnissibiity Of owl
donce uuleBa 1t WAS before them. Ho thought
tho whDlo question should como up at ono time
az to tho objections aud tho aflsdayits nled in
support Of thcsn. II they were sufficient, ho
would got the relief sought for; it not, ho would
not receive it..
hfr. Swott obfocted to honring tho ovilonce.
Mr.. Trllmbull askod him to put in hiH plea.
(TrumbuiD had filed Ilia objections, aud when ho
tSwetD got to hsB side Of tho case Ae would be
heard frDm. 11o insisted upon not trying Liz
side until 1t was reached.
The County C1erk asked Mr.. swott IL be OBJ
icctcl to tho presentation OF tho evidence, or to
tbs proceeding. 1t seemed to him that thu first
ppnt should DO aottlel bofors tho otl,or was.
Afr. SwUtt answered.. ITO tho evidence" aud
inquired II ho houll givo biz rcasonB.
Tho County Clerk did not think it necessary.
MIR. Swott doslrcd to bo heard upon tho ob1eo-
ttuu.
Tho County Clerk said lie could n,alte bin ar
eunlcut nn:, after Mr.. Trumbnl] Ind nnswerod,
tic Dohrd wonlti know what to do.
Mn. ROOT
then oroncd for 3ir. Farweli. Ho understood
that Iii. rrnInbul Proposed to olror aiidaytss to
snow that tfWre w:ss something back Of tho re-
turn OF the Fllat Precinct OF tho Twentieth Ward
-in othcr wordp, that tho Board bud the right to
80 outside Of tho papor i'll order to deter niue
whether the luz had been complied with. There
had been presented 10 the County Clerk, III
book Of Ill olocton held at tue house OF Alr.
loner, Nos. ii and Gu North Dearborn street, III
the First pEcclnct OF the Twer1tiath Ward, on the
3u Of November, 1871. On tho outside wera what
purportcd to DO the original signatures of thrco
Iudsess and two clerks on tho iuside. what pur-
IL al 1f,f 31s1+t
c]nrkst tho tIrst one bring sworn to BY Hermann
Liob, Comfy Clerk, ana tho others by William
Chaplin. who was first qualified beturo him; alsu
list OF sotors. their naneH. nnd residences !;
aud OH the last rago tho blank rotu.n filled ont
stating that e. ls. Earwet received 423 Gotet for
Representative in Congress- for tho Third Dis
trct antl John Y. Lo Moyne received 25l for tho
AnEno ottlcD: mud this wa5 certified to by william
Chaplin, ". i. O'Drien, aud &. Dlnfiely and
attestea BY tile two clerks. lilo understood that
no objection Was mada.to
TIE FORM or TIE RETURN.
So far as appeared UPON itB face, it wns in strct
an literal compliance with tho statute in nil
srec:s. 1t cAmo before the board, ten, iunt as
al! tho others Ind como and WAS to bu rnIiyasscd
unleBs the Uuarl Should dcclde iilat il had n,l-
tholty to go back Of return which horo np~,.
lts Taco tho sgnatnres of tho judges Of the eicr-
:io1'. and evidence that al! tho forms Of law hut
bcen complied with. The question vas
WHETHER THE HOARD lTAD JURISDICTION
Of atty motion WHICH might DO made to exclude
TINT return upon any protenso whatever. It
being upon its face in strict compliance with
tho law. The Board lad repeatedly. sinco i.s
session con'moncod, sent ont for tho judges and
clcris Of utler precincts i'll ordor si.at thoy
might correct their retirna, to tho end that tho
votorA of thosa precincts should not be dis
ftnuchsed by roa6on Of any iufornaiity. And
as suon al the judges perfected tho returns,
they wcro canyaaaod, aud tho elork put down
!llo result. Tint wna not ths case with this
I,rcclnct, however. There waH 10 trouble will,
lilo return upon its face 1t was perfect but
Ill attempt Was 1nntse to convince tho Board
that they could Inquire into some irrcgulurity
whicl. occurred prior to tue time that return
w,.b brought ia. Iiiat, ho ciatmed, was not
the province Of the Board, and any evidence
that might bo offered to establish al,y objection
to The ratur or to iuTa!slatet, was ia,pro1uf. II
return WIS complete upon it's 1aco, the hoard
must accept it and canyaHs tho rosnlt Ii inconl-
plcte Of Informal. taro waa only ono way to cor
rect il, and that vas to ae1d for the Judges sud
lot them mike tho correction. It WAS thoir aot,-
not the act Of tho Doard. 1t natterea not
whothor tho aucBLion raised was that illegal
yotos wore rocolyed, because TINT would simply DO
violation Of tho aw. 1t mattoscd ttot wlathor
tho Judges did HomethIng with tLo box tint they
1rCrtt mt n 1,nyo fionn thht HItnnjv n vim,