Centre Democrat. [volume] (Bellefonte, Pa.) 1848-1989, 1880-06-10
THE CURTIN CASE.

We present to the readers of the
DEMOCRAT the following extracts from
the speech of Hon. John w. Ryon, of
the Schuylkill district, on the contest
ed election case of Andrew G.. Curtin,
delivered in the House of Representa-
tives on the 18th of May last. These
extracts are taken from the conclud-
ing portion of the speech. They dis
pose very conclusively of the law in
regard 10 unregistered votes, while the
tribute paid to Governor Curtin by
Mr.. Ryon in his peroration, was a
compliment as eloquent and as beau
tiful in language as it was well be-
slowed and worthily deserved:
"The legal result of receiving the vote
of q non.registered person without the
proofs required by the registration act
would give to such vote the character of
illegalty. This presumption, however,
might be overcome in any future con.
test of such election by proof that the
voter was in point of fact qualified
elector. To this extent only is there a
legal difference in the result, If the reg.
istration act be held to be directory
merely. The contestant proved by the
registration list and the polling lists
that between one and two thousand
nonregistered persons voted at the
election, and also furnished proof that
no affidavits to answer. to these non.reg.
istered names had been returned and
filed in the prothono tary's office accord.
ing to the requirements Of the registra.
ton law. Upon this state of facts he
claimed that he had established by
competent evidence the illegalty of all
such votes AS legal proposition can
there be doubt about it? Where the
law designates a place for the filing or
recording of a written paper no search
for such paper is reqired by law beyond
the designated place of deposit. The
absence of such paper from the place of
deposit raises the presumption of its
non existence. 'Ihe presumption that
a public officer has done his duty is
clearly rebutted by the absence from
the designated legal depository of the
afiidavits which the law required should
be taken by the election board and
filed with the prothonotary. A clear
priDld facie case of the illegality of this
large non.registered vote has been
made by the contestant, and il the con.
testee wished TO claim any benefit from
such vote the on8 was upon him to
show that the atiidavits were duly taken
hxy hn al "a
with the prothonotary were either lost
or destroyed. Such evidence was with
In the reach of the contestee, and his
failure to produce it raises the presump.
ton that If produced the evidence
would have shown that the afiidavits
were not taken.
1t follows, then, that at that election
there was large illegal and fraudulent
vote cast. But as to q large part of
this vote the evidence does not show to
which candidate it was given, or what
portion of it was given to each. This
fraudulent vote 10 greatly in excess of
the official majority returned for the
sitting member. Where. therefore,
fraudulent votes have been cast at an
election sufficient in numbers to con.
troll the result Of the election, and so
mingled and mixed with the legal votes
cast as to render it impossible TO purge
the ballot boxes and ascertain which
candidate received majority of the
legal votes cast at such election, there
is but one honest way of disposing of
the case. and that is 10 declare the cleo.
tion void and refer the parties back to the
people that new election may be held.
At the election in the fall of 1873 there
were three candidates voted for in the
twentieth congressional district for gov.
ernor, and the entire vote given for the
three was 24,5ll votes, while the con-.
gressional vote in the same district was
1886. The actual increased vote given
for the two candidates for Congress
over the vote given for governor was
1924. In this state of facts is develop
ed one of the most remarkable circum.
stances In this case, almost unprece-
dented in the history of elections In
this country since the foundation OF the
Government. That the congressional
vote should exceed the total vote for
State officers is most unusual circum.
stance, and that 1884 legal voters in that
district should 60 to the polls and vote
alone for the congressional candidates
and refrain from voting for the. The can.