The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1892-08-31

rule Of praciice which Is an entire strAng-
sr to the law Of election contests.
When several persons are to be elected to
the same Office, but for different terms. the
tickets must designate the Term for which
each i voted for.
salisbury Twp. Election L Bar. A.
Exparte Weir "a L lat. 2l4.
Am. & Eng EacyG Law Tit "Elsc.ions,T =
Vol. s, p. 80
Mlligan's appeal. s6 Pa 22z
Gilli.aud's Case. s. Pa 234.
In MHligsn's appeal, he and Miller were
candidates for COuacilnen in Phila. The
Court below said, "the evidence before Us
shows that there were cast for the said samL
P MiIligan. for the term commencing on
the hrst Monday Of April, ls97, 1I7o votes /;
for the term commencing April, 1877. 1e4
votes; riti0s,s desg,safiag alsg tenn, 2Js Eotss;
for Samuel Miller, for the term commencing
April 1877. 1874 votes II we disco unit the
235 votes cast for Niiligan without dssignat-
ing for which Of said terms they were cast.
Miller has undoubtedly been- elected .
How can We ascertain for which term they
were cast, in the absence Of designation or
proof It assuredly viii not Do for Us to
guess The voter should 50 express his in
tention as 70 leave no doubt, when two per-
sOns are elected at the sane time to ike Off
ces, bat for different terms, for which term
be casts his ballot. The omission is his, and
he should not complain II fron the impossi-
biliiy Of 4scertainiug his intention, his bai-
10; is rejected.
The supreme Court. on appeal, held that
there was no error in this ruling, stating
that "the action OF the Court in rejecting the
votes cast for MiIligan for the Office without
designation Of the term, We think was clear
" right" and affirmed the Judgment Of the
Court below
GlIilznd's case arose upon an election for
school directors in Allegheny county, az
which he and one Adam AmmOu were can
dida,es. -Four directors were to be chosen,
namely. two for three years, one for two
years and one for one year. The tickets
which were voted generally indicated the
term, bat some did net, and while AmmoR
had the larger number Of votes. yet, If those
which failed 10 name the tenn we're deduct
ed f.on each candidate. GillilaEd bad more
than Ammon. The Court held that they
should be counted and upon that theory de-
clared AmmOn elected, bat the Supreme
Court. on appeal, reversed the decree and
seated GfIilsnd upon the ground that the
ballots without designation Of term should
have been excluded. and also held that the
2d Sec Of the Act Of 18th April 1852, had
no application TO the case The Supreme
Court in the latter case say those tickets
were undoubtedly intended 70 be voted for
him lAmmon) as school director, but they
stopped there. The electors voting then did
not designate any specific term For the
Court to determine tie length Of term in
tended By the persons casting these votes,
would be based on mere CONNECTION. The
intention Of the voter, as a general rule,
must be expressed by his written or printed
ballot. L Is true some inaccuracies in the
u
spelling II, may be proven by parcl to give
effect 10 the intention OF the elector; that IS
not this case. Here TIE attempt IS by mere
inference 10 create term which the voter
did not attempt to declare. Where Officers
for the same Office are to be chosen for diff
ferent terms, the ballot must specify the
term for which each person has voted for,
unless the case CONES under the sc. Of llth
April 1852"
The act OF Ilth April. 1852, applies only
when -the voters shall all neglect 70 desig-
nate on their tickets the term Of office for
which each person voted for IS a candidate -
In the case now under consideration they
did not al so neglect to designate the term,
and the rule furnished b. ;he Act in such
cases giving the longest term 10 the candi-
date having the highest vote, does not sp-
ply. We see nothing in the reasons assign
ed in the motion 10 guash which would
warrant Us in entertaining II. We there
fore make the following order:
And now, Aug q, lsJ2, sfter hearing the
parties, their proofs and allegations, and the
arguments Of counsel, and after fan cousid-
Grafton thereof 1t IS adjudged and decreed
that Kennedy Price and Wm- RuPp were
duly elected school directors for the term Of
three years Al the election held o. the lG,h
day of February lss2, in the school district
Of the borough OF MeysrsdAls, and John W.
Young and 4 T. John were elected school
directors al said election for the term Of Two
yea-s. and J 7. Anthony and Henry J. Eb-
becka were duly elected As school directors
az said election for The tenn Of one ysa-, in
stead Of the contestees, 5. C. Harlly, Wm-
Appel. Geo. ". Collins. ;. 5. Good, W. H
Habel and T. D. Morgan.
4 The costs Of this proceeding 70 be paid By
the school district. By the Court.
J. II. LoSGEsErEER,
President ldge-