Centre Democrat. [volume] (Bellefonte, Pa.) 1848-1989, 1882-04-13

Re. Contested Election for Justice Of the Peace
in the Borough Of Miherm, Centre county,
Pa, at The election in February, 1851.
This case arises out of the election
held in the borough of Millheim, in
February, 1881, for the office OF Justice
of the Peace. The return of the officers
of the election gives to +. p. Mu.ser
sixty.nine votes, and to J. II. Reifsnyder
sixty eight votes, and declared the
former to be duly elected. In due time
and the manner required by law, this
election was contested, upon the ground
that votes were received and counted
for the respondent from persons who
were not qualified to vote. and that the
officers Of the election refused and ne.
elected to count vote cast for the con
testant, by qualified voter. The allie.
CATION on the part OF the contestant is
that of the legal votes cast. J. H. Reif.
snyder and not +. Z. Musser had a
majority.
On that question a large amount of
testimony has been taken by an exami.
ner, but by the agreement OF counsel
the questions TO be considered by the
court have reference to the qualifications
of FIVE persons named, who voted for
the respondent Of one person who voted
for the contestant, and also as TO the
qualifications Of one person whose vote
for the contestant was not counted by
the election officers.
| proceed TO consider first the FIVE
votes cast tor the respondent which are
alleged to have been illegal. John II.
raa y,arr,tfEa1 n
registry which Is as follows: John
kreamer, Inn keeper" There was no
evidence given before the examiner in
reference to this man except that he
was twenty three years old. and son OF
Jonathan kreamer, proprietor of the
National Hotel. There was no evidence
that John II. kreamer was not an Inn
keeper, nor that Jonathan Kreamer re.
sides in the borough of MilIheim. II
proof had been given that such were the
facts this vote ought TO be deducted from
the count for the respondent. In the
absence OF such evidence we cannot say
that the name as registered was not in.
tended for the person whose vote was
taken 10y the board on the evidence
presented by the Register.
IL is objected that John F. Harter
was permitted to vote, being registered
and no athdavits made. Upon inspec
tion of the records it appears that he
was duly registered, and that lines in
shape of cross over two names above
his extend down partly on his name.
The two names above are erased, hav.
ing been twice registered. The name
of DIR. Harter is not erased and was
rt1hNIty ,anvta1
Michael Maize was duly registered. 1t
is alleged that he had not paid taxes
within two years before the election.
1t appears that he was assessed for the
years 1878 and 1880 in Millheim. but
did not pay his tax. lie was assessed
in Millhall, in Clinton county. in 1879.
1t does not appear positively that he
did not pay the tax for that year. prind
faeie he was entitled to vote at that
election.
The votes OF Solomon Confer and John
A. Confer were received and counted
for the respondent. These persons were
not registered. They came into the
district to reside on the 10th day of
December, 1880. The election was held
on the 18th day Of February, 1881. II
is objected that they had not resided in
the district the required length OF time
to entitle them to vote.
Article VIII Of the constitution, in
defining the qualifications of voter,
provides inter ala that, ole shall have
resided in the election district where
he shall offer to vote, at least, two
months Immediately preceding the cleo
ton"
In this State the word month when
used Ia a statute or contract according
TO the uniform decisions Of the courts,
and the general understanding of the
people, means a calendar month. The
year being divided into twelve periods
Of unequal length, each period being 3
month designated by n name, and hav.
ing fixed number OF days. it follows
that the number of days embraced with.
in any two months. back or forward Of
given day, depends upon what month
follows or precedes that day.
A single bill dated on the 10th day Of
June, payable in two months, would fall
due on the 10th day Of August. period
of sixty-one days. Shsply ". Carey
9th, y. Il r. $50. A bill dated the 10th
day Of July, at two months, would fall
due the 10th day Of September, period
Of sixty.two days. A similar bill dated
on the 10th day of January would fall
! due on the 10th day OF March, period