New-York tribune., 1891-08-31
4 PENNSYLVANIA JUDGE.
FEATURES OF THE CURIOUS CONTEST IN Lam
CASTER COUNTY.

TO the Editor OF THO iri u u :
sir: While the Republicans of the Old Gnari.'
, g-nIace Of It's distinguished statesman, Thad-
dams stevens are thoroughly united In the support
~ their excellent state ticket and the county nom
,patons with single exception there Is CONFUSION
,rorsa confoundedD among them in regard to this
exception-the election OF candidate Tor Judee 10
succeed the Hon. John B. Livingston, the present
Efficient President Judge Of the courts OF tne ia
Judicial District who is In the last year OF his
second term.
Mr. Livingston studied law with the Hon. Thad-
deus stevens, became quite popular with the people
as q practising lawyer and in few years was elect
ed istrlct-Atomey, which responsible Office he filed
with credltable ability. In 1871 he was nominated
for President Judge under the system Oh nominating
candidates by popular VOTE there being i've can
didates in the field, and the contest animated but
conducted In dgnifed manner. He received q
plurality of 1862 votes over his highest competitor
the present Additional Law judge the Hon. d. W.
Patterson AT the ensuing November election ne
received the highest polled by any candidate
on State or county ticket, and was elected by 5ll'
majority over his Democratic competitor.
Ten years later (1S61), such was the esteem III
which Judge Livingston held, he was renominated
for second term BY popular vote Of the parry
without opposition receiving 13191 votes. That
primary election was the bitterly contested fight
In the history OF our local politics. but the facnohs
were united In paying tribute TO the integrity ana
ability of Judge Livingston But still more sig
nfcant tribute paid him at the November election
when, the Democrats having made nomination,
he was reelected without vote being cast against
him. And there Is not in the county who VIII
not admit that Judge Livingston possesses all the
requisite qualifications for the high position he mas
filed for nearly twenty years, has his upright
ness Of personal character and official integrity ever
been questioned even by those who now oppose MS
reelection. His friends justly claim that the ex-
aI,,tpf c4rnffnp
tioe these many years qualification that untried
man cannot be expected TO and the fact that
Judge Livingston is still hale and hardy man, haV-
ing never, In the nearly twenty years he has been
on the bench, delayed the business Of the courts
single hour through indsposition, is a conclusive
answer In this to those who would measure
mans capabilities by his years
In view of the foregoing facts people at distance
naturally puzzled TO know the why and the where
fore of the late bitter contest in the Republican party
in this county the judgeshp, resulting In having
two candidates, with the certainty OF the struggle be-
ing carried no the general election, with no abatement
of the feeling among their respective parti
sans. The object of this letter is to explain the
anomalous situation to outsiders by statement Of the
facts as gathered from reliable by impartial
observer
In this county the Republicans make their nomina-
tions under what is known as the Crawford County
SYSTEM" somewhat modified The county Is divided
into eighty five election districts polling places, at
each of which judge of election inspectors and clerks
chosen on the day of election, which is fixed by
the county committee, consisting of ore member from
each district. who are also chosen at the primary
election. For the last two years Mr.. Ii. {. Brubaker
has been travelling the county, visiting the
several election districts and organizing bis
friends, exaciing promises to support and work
for his nomination for the iudgeship from some
and arranging with Others to serve him Is
Judges at the primary elections. This latter not
hard to do in of years" comparatively few attend
the primaries or care to serve as officers which is
rather thankless task and without compensation.
Mr. Brubaker. aided by few of his active partsans
who are practical politicians" succeeded in this way
In getting fifty hre5 out Of the eightyjve judges of
the primary election who would support him under
any and all circumstances. On the Monday following
the primary (which Is always held Saturday each
judge of election brings the return of his district TO
Lancaster where they meet and organize BY eectnG
president vice president and clerks. These cOnsti
tutc the Returning Board. II raud is alleged an in
vestgating committee OF is elected eight being
placed in nomination. which Invariably results in four
being chosen by the majority and the other three by the
minority. The Board then proceeds to receive and
compute the returns and the result declar
ing the having the highest number Of votes for
the respective Offices the nominees.
BY the rules governing these elections, " the return
judges shall have the right and ii will be their duty
to reject the returns of ahy district where there Is
evidence of fraud OF any kind, TO the extent of the
fraud committed" When the return Judge. had
counted the votes, 1t was found and announced that
Judge Livingston had majority Of thirty-wO votes.
and his opponents thereon raised the cry of fraud.
The returns of the disputed districts referred to
committee Of seven, and the board adjourned to
meet at the call of the committee when they should
be ready TO report. The committee then began 10 in
vestgate the alleged frauds and after proceeding for
some time they found the they Investigated the
larger Judge Lvingstons majority became. When
they got ii to fifty nine or sixty they called halt
and would Investigate further, refusing to hear
testimony from the other SIDE although asked TO do
SO. Four of the committee th,n agreed TO throw out
the vote OF the Fourth and sixth wards Of the city.
These wards had poed about go votes for Livingston
and 407 for his opponent. thus giving Brubaker ma
i0lity by their showing. The majority of the committee,
under protest of the minority called the return judges
together to hear their report The minority also pre-
pared report. Both reports were presented 10 the
board Another rule provides that. should two or
members OF the committee ask for an extension
OF time 10 obtain evidence II shall be the duty
the return judges 10 adjourn for not less than
week. nor more than two. to meet at such time
place as they designate" Two of the commit
zee, In writing asked for such adjournment. Tie
president refused 10 put the question: when the vice
president declared The board adjourned In accordance
with the request and the rules. and Judge LvngsOn's
friends left the room to make arrangements for further
investigation HIS opponents at once proceeded t. act
upon the report OF the majority Of the committee,
threw out tie entire vote # the wards, and
clared Mr. Brubaker the nominee.
Judge LivingstOns friends proceeded TO compIs the
investigation, the evidence showing that while some
illegal cast both sides there was nothing
TO viiate tho return 10 Justify the throwing out
OF the vote of the wards and that consequently. Judge
Livingston was fairly nominated They then issued
call for reconvening the board. which the Brubaker
judges would not attend Ihe meeting presided over
by the president, received the minority report and
declare Judge Livingston the regular nominee under
the rules, which say that. when such time has been
glven and another meeting of the boerd called the
ticket then declared by majority OF the return Judges
then assembled shall be final" thus leaving no eago-
able doubt in the impartial mind that Judge Livingston
was under the rnles of the party regularly nominated
As illustrating the difference between the two cano
dates-the dgnifed and copscicntious Judge and the
ambitious practical poltclan'the fact generally
commented np0n that while Judge Livingston took M
personal active psrt in the canvass his opponent
made personal CANVASS attended the first meeting of
the Return Judges personally controlling and directing
their proceedings. He also attended every meeting Of
the Fourto-Three Committee and II was by his advice