Juniata sentinel and Republican. [volume] (Mifflintown, Juniata County, Pa.) 1873-1955, 1877-12-19
A Sheriff Gust ed.
OPINION.

The Commonwealth OF Pennsylvania er
relatione the Attorney General vs..
George Walter, High Sheriff Of But
Ter county. Error to the Common
Pleas of Butler county.
Puxon, J.-This was a writ of quo
,c"rranio Issued upon = suggestion flied
by ibe Attorney General OF tue Com
mon Seaith against George IS alter, re-
curing him To shGw hy wha' auihori.
y he nni,is aud exercises the uffice,
fisnc,iiscs, righis aud privileges aud
erJ Us he e,uoiuments Of tue rfficc Of
High Sheriff of the county of Butler.
The suggestion AYERS that ssid " alter.
while 8 candidate for said Office, "plid
one John McLure money TO use IN car
rying said election for him, for other
purposes than tor for printing and trav.
cling expenses, the dissemination of IN
formation to the public, or for political
meetings, demonstrations aud coaven
tions, or for any necessary aud proper
expenses expressly Authorized h, Law.
but f,r corrapf and Hiegai purposes in
procuring his election The sugges-
t IN then AYERS specific acts "f c,rrup
fi"n. and proceeds tn charge that /" the
said Ge"rs- Water, having taken the
oarh ut "fh"e required by the COusIiiu-
ii"n of the State Of Pennsylvania. after
he had been declared elected to tie said
Office Of Sheriff. did then aud there CON-
init and WAS guilt of wilfui and corrupt
perjury, having committed aud been
guilty Of the acts and offences first
above alleged and charged, which in
said oath, taken as aforersid, he denied :;
whereby the said George Walter has
become and is disqualified from hold,
ing the said ofice Of Sheriff of the
county Of Butler, and since the first
Monday of Janusry, 1876, he has
usurp. d and does usurp on the Com
mouwealth therein to the great damage
and prejudice OF the Constitution and
laws thereof" An amended sugges
fion and amended specif cations we're
filed By leave of Court, q reference TO
the details of which is unneces-
sary under the view We take Of tn.
case. Nor need We now sllude to ans
Of the subsequent proceedings in the
case, until We come to the demurrer
filed by the defendant on the first Of
October, 1877. Under the we'll settl, d
rules Of law this demurrer vas an ad-
mission of all the facts sufficiently
pleaded. The demurrer was general.
An attempt was made TO show thar Vt
vas special BY q certificate of the
learned Judge of the Court below that
it was only taken to single point.
The certificate was no part OF the rec
ord, although fled i? the cause, aud it
may we'll be questioned yhefher the uD
offciai declaration of the Judge can be
received TO contradict his own recUrd
Ii Is, however, wholly immsrerisI, Us we
are unable TO perceive any difference
between a general aud special de
murrer as to the sdnissicn Of the facts.
Both alike admit the facts we'll plead
ed. We are, therefore. brought to
consideration of the sufhcIency of the
suggestion.
The law OF the case will be found Ill
Section 8 of Article VIII uf tue Cuu
stituticn, and the act of 18th of April
1873. FL 81. The constitutional
provision IS as follows: "Any pers"u
~bo SHAH, xuiie a Candidate ior uficr,
be guilty oi bribery, fraud, or wniui
VI ;aiIon Ut any -iecI,uu las. snaii be
Tor ever d.sqntn6 i rom nuidiug au
,ffice of trus, or profit III this Coinpou
wealth; aud any person convicted OF
wil'ui violation of the eleciIou laws
shall in addition to any peualtIes pro
vided by law, be deprived OF the right
OF suffrage absolutely Tor tenn Of
four years" The act OF 1874 after lie
flung III the first secrion what shall
Be considered legal election expenses,
provides that nothing Contained in this
shall be SO construed as TO ahthouze
the parymeht Of money or other valua
BILE things for the vote or Influence of
any election, either directly .r Indirect
ly, at primary. township. general or
special elections, nominating cnnv-n :
t'"ns, "r fer any corrupt purpose what.
ever Incidental To- Ali eiecfinn and al, |
judicial, State, county, and MUNICIPAL
Ulcers hereafter elected shall, before
entering upon the duties of their res
peciive Offices take and subscribe the
oath prescribed by Section | Of Article !
VII of the Constitution OF this Com I
monwealth." TIE avermeut iu the |
that the defendant paid
money to John M'Lure, other than
fer the legal expenses provided for in /
the act OF 1874, but sior corrupt and |
illegal purposes in procuring his cleo |
tiop," sufficiently charges a violation
Of said act. The only expenses recog.
pized by law are; F.rst, printing and
travelling expenses second, for dissem-
,nafion of information to the public; snd
third, for political meetings demonstra-
tions, and conventions. Beyond these
expenditures a candidate
for Office may not CO. The act of 1874 |
declares that . candidate for either
or an election shall DO. pay |
or contribute, either directly or indi
rectly any money or valuable thing, or
knowingly allow it to be done by 9th
ers for him, either for q nomination,
election, or appointment except for the
three purposes above specified. We
tbIuk, therefore, that the averment in
the suggestion that money was paid,
not for the legal objects designated, but
for corrupt and illegal purposes in pro-
curing his election, brought the de-
fendant within The prohibition of the
Constitution, and the penalties of the !
act Of 1874. IL follows that the Court
below erred in sustaining the demurrer.
1t remains to consider whether we
ought to enter final judgment. Ii the
defendant had demured promptly there