Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1885-11-27
ELECTION FRAUDS AND pENITEATIARY

ballot-bO was as complete as the
greatest rogue could reasonably
desire.
1t must be noted that these
frauds had the same object In both
cases; to make United Senators.
The job that Mackin had in hand
was to cheat Logan ; the job in
Cincinnati was to cheat Sherman.
This disease of cheating to control
the Senate is abroad in the land,
and there will be some more of 1t
disclosed, we have no doubt, in the
coming year.
Since the above appeared in the
Philadelphia American the last OF
the Cincinnati frauds and ballot
stealers has been tried, convicted
and sent to the penitentiary, and
the same is true of New York. In
the latter state Judge COwlng
characterized all kinds of fraudu-
lent voting as ga mean, dirty
crime" and added that disiran-
chisement should be made to follow
confinement in the penltentiary for
such an offence.
The day is coming when tue law
will assert itself in these parts.
Bribery and fraudulent voting is
becoming as common here as in
any of the large cities. All of the
gentlemen who reside in the Dis
hict of Columbia, are engaged in
business there, pay taxes there
and perform the duties of citizens
and residents there, and then come
here to vote, are fraudulent voters.
And when they swear that they
are and have been residents OF
Shenandoah county and the State
of Virginia, the latter for one year,
and the former for three months
next preceding election, they sim
ply add perjury to what Judge
Cowllng calls ga mean, dirty
crime"
In answer to this last PROPOSE
ton 1t is said that the oath of
"intention" fixes domicile. This is
absurd. Wntention" is but one of
the elements, of proof, and can
never overcome a fact. Absence
from the state, or county, in search
of work, or for health &c, where
no act of the citizen was performed
elsewhere, does not necessarily
change domicile. A man may
make a tour of Europe without
becoming a citizen there, or losing
his domicile in Virginia. But if he
goes into business there, under a
license, or in pursuance of the law
there, he forfeits his citizenship
here. The oath of intention is only
conclusive where there is no fact to
rebut it. Voting in another state
is conclusive against all oaths.
Residing and doing business III
another State, Territory or District
is conclusive, and it has been held
that marriage in another state, and
remaining there with the wife
beyond a year Is conclusive OF
domicile. During the war the
mere fact of marriage in the [. 5.
by a foreigner, without voting or
exercising any other privilege of
the citizen, was construed to fix
domicile and subject the person to
draft into the army both North and
South. And this was finally ac-
Quiesced in by foreign governments.
Where there is one fact to over
come the oath of "intentiOn" the
latter does not weigh feather. If
such were not the case any crimi-
nal proved by a fact to be such
would be entitled to swear that he
had no ''intention" to commit the
crime.
We now submit this inquiry to
the reader who wants to under
stand this matter. Our constltu-
ton says that "erery qualified roter
shall be eligible to hold Office and
to be members of the general as
sembly." Is there any rational man
who would hold that Messrs.
Heller, Peachy, Meem, Spiker and
others who have removed to Wash
lngto, engaged in business under
license granted there, and have
been domicied there, as all
other citizens of the District of
Columbia are, would be eligible to
hold Office in Shenandoah county
or to represent Shenandoah in the
general assembly? If residents of
the District are qualified voters,
they are all eligible to hold office
in the states from which they remoV-
ed without regard to time. The
only exception is in the case Of
federal OflicehOlders.
In this connection we may be
permitted to express our regret
that the gentleman at Edinburg,
whose name is so suggestive of his
endeavor to cast a fraudulent bal
lot, was challenged and permitted
to withdraw it. He had voted in
West Virginia within the year be-
fore, and then undertook to vote
on a transfer from Strasburg where
he had resided before going to