The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1877-02-28

In mellon S Appeal, 10 4. r omIIh
333, the elections in two townships
were held in places other than those
appointed by law, and Thompson, G.
j., in delivering the opinion Of the
Court, says:
"The place for holding the general
elections in this Commonwealth have
always been fixed either directly by
the Legislature or by the court under
authority given by the Legislature, or
by a vote Of the people under the Act
Of 10th Of April, 1854. Hundreds Of
acts in our statute books fully attest
the legislative supervision of the ap-
POintment of places for holding gene
raj elections, and it is extended to all
possible contingencies which may oc-
cur for instance. when a particular
building is designated rs the place for
holding the elections in township or
district, and is destroyed, changed or
altered SO as to be unsuited for the
purpose, another place must be assign.
ed by the proper court, subject to the
action Of the Electors under the Act of
1854 See Act Of 18th April 1866.
Even in case Of the existence Of con.
tagious disease, rendering a change
necessary, the place for holding the
election must be designated by the
Governor, and notice thereof given
By tho sheriff, at least seven days be-
fore the day Of the election. See Gath
section of the Act of I'd July, 1889.
"CAn it therefore be maintained in
view Of these provisions of law that
the place fred for holding elections are
merely directory, and may be disre-
garded by the election officers, without
any other effect on the poll than tina.
which takes place ia all regularly de-
fined districts We assuredly think
not. What is the meaning of the re-
quirements in the Act Of 1889 of the
notice to be given by the sheriff by
proclamation of the time and place of
holding the general election, if not to
notify voters where they are to Assem-
bic for the purpose Of voting. This
duty is mandatory upon the sheriff.
A fixed place, it seems to me is as ab-
solutely requisite according to the
election laws as is the time Of voting.
The holding of elections at the place
fixed by law is pot directory, it is man
datory, and cannot be omitted without
error. will not say that in case of
the destruction Of a designated bull
ding or the eve of an election, the elec.
ton might not be held on the same or
contiguous grounds as a matter Of me-
ce1sity. NecessitaS non habet Iegens. But
then the necessity must be absolute,
discarding ali idea of convenience. 1t
is not, however, necessary to adjudi-
cate authoritatively as to this. To
remove the place of au election three
miles from that designated by law, or
from village and across considera-
BILE stream, u half mile or moro dis
tan: from the village where it ought to
have been held, or from a designated
school house to vacant house more
than half a nile distant therefrom,
: without authority o. any absolutely
, controlling circumstances, must render
the election therein void, and if the
vote taken DO counted, constitutes an
undue election. This Was decided by
committee of the House of Repre-.
sentatiVes of this State, in setting aside
the election returns from Potter coun-
ty, which gave the seat to the contest.
ing member
The sole ground was that the Olec-
tion had been held at q place not fixed
: by law, in one of the townships in the
county, but in another place. House
Journal 1856, page 204. This was net
a decision by the House in its politi-
cal character, a. suggested, but by a
committee in judicial character.
There we're one or more distinguished
lawyers upon it. Indeed, the election
laws are generally as we'll understood
by laymen in the country as by law
yers, and it lie no argument against the
decision that laymen were ~f the CON-
mittee. By the 18th section of the
Act Of July, 1889, the inspectors and
Judges are required to meet at their
respective places appointed for holding
the elections in the district to which
they respectively belong, &c. Where
is there any authority for meeting else
where 2 End none. But this was
disregsrdsd as to the place fixed in the
case in hand, without even All attempt
to show an overriding necessity justi-
flying it. If We might conclude that that
} might justify il, II seems to ne that
if the judges could carry and hold the
elections in districts halfa mile distant
from the appointed place, they might
carry and hold them three miles, "a