Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-04-29
WILL TEST THE LAW.
Allegheny Democrats Want the High
est Court to Pass on the
NEW BAKER ELECTION MEASURE.
A Voter Deprived Of Ills Constitutional
Right May Create Trouble.
MAYoR KENNEDY MAY BE UHSEATED

| John Huckenstein, Chairman Of thu
Democratic City Committee, of Allegheny
and Lee Frasher and Alex Wilson, Demo
cratic leaders of that city, have decided t.
test the constitutionality of tho Baker ballo
law, and to make the test they have decided
to secure the arrest of Robert Wilson, who
acted as Judge of Election in the Sixth
precint of the Eleventh ward, Allegheny, a
the mayoralty election in that city on Tues
day last They will also arrest one of the
Judges of Election in the lower part of AL
legheny. w. j. Bremen has been retained
as the attorney in the case, and it is pro
posed to 60 through to the Supreme Court
to get decision on the constitutionalty ol
the point raised by them.
The point raised by the Allegheny Demo.
Gratis was originally raised by Chauncey F.
Black, who also suggested the test that is to
be made.
At the Allegheny election on Tuesday
Alex. Wilson was refused the right to vote
as he desired. Lee Frasher was allowed to
vote just rs Wilson wished to. In explain
ing why he was refused vote, Mr.. Wilson
said last night: 81 merely wanted to exer-
else my Constitutional right, which allows
me to sign my ballot and have some other
voter go with me to the polls and attest or
witness my signature.
No Party Feeling in tho Suit.
''That right was denied me by Robert
Wilson, who was acting as judge of elec-
tion. Understand me, there is no feeling
against Wilson. We merely want to test
the law. Section article of the Consti-
tuition of the State says:
"Any elector may write his name upon his
ticket, or cause the same to be written
thereon, and attested by a citizen of the dis
trict"
'The Baker law expressly provides that
it shall be unlawful to carry printed tickets
out of the polling place" Lee Frasher said
last night. "Tn the case of Alex. Wilson
he was not allowed to take his witness into
the voting booth with him and how there
fore could the ballot be signed
and attested when the voter cannot
take the ballot away from the
polls or is allowed to take his witness into
the booth with him? We have consulted
several constitutional lawyers, and in all
cases we have been assured that the Baker
law certainly conflicts with the Constitu-
tioH, WHICH,, IL True, OcmdnuS Cnat We ACT IN
the matter now before the question is
raised in some important election that
might cause serious trouble to either or
both of the political powers.
y At first it was decided to test the legality
of Major Kennedy's election as Mayor of
Allegheny, and in that way test the consti-
tutionality of the law, but for the reason
that Major Kennedy had no opposition, and
would have been elected by one legal vote,
the Democrats therefore decided to make
the test in an easier way, and will 60 after
the election officers
May Invalidate the Mavor's Election.
The announcement that the test is to be
made has alarmed Mayor Kennedy and his
friends. If the Baker law is decided to be
unconstitutional then Major Kennedy's
election is illegal and he will, of necessity,
be unseated and his Office will be declared
vacant.
Mayor Kennedy will be inaugurated at
noon on Monday. Should the Allegheny
Democrats be sustained in their ap-
peal from the election officers, the
Mayor will be unseated and Coun-
to elect for a short time at least a sue
cessor to Mayor Voegtly. who will retire
at noon on Monday. The election under
the circumstances would probably be held
under the old election laws
The official count of the vote for Mayor
in Allegheny was made yesterday. The
Returning Board was composed of Judges
Ewing, Kennedy and Stowe and Clerks A.
J. McQuitty, Burt Edwards and w. B.
Kirker. Mayor-elect Kennedy, the only
received 2.474 votes There were
20 other persons voted for, each receiving
from one to four votes. Among them were
ex-Mayor Wyman, 2 votes; E. L. Braun, 2
votes; Lee Frazier, votes, and Alex Will
son, 9 votes