The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1893-02-15
THE GREEyY- -SCULL CONTEST.
The Elections Committee Sub
NIT a Unanimous Report.

The MAJORITY FOR NR- scULL INCREASED
OVER THAT RETURNED FOR HiM-THE
CONTESTANT HAD no cAsE-THE ELEcr-
oRs or SOMERSET AND ELK LICK TOWN.
SHIP AND OF SIX TOWNSHIPS IN BEDFORD
COUNTY OBSERVATION-DISCLOSURES COMMITTEE
HOLD THAT RESIDENTS IN TOWNSHIPS
CANNOT LEGALLY VOTE IL BoRoUGHs.
Mr.. O'Ferran, chairman Of the Holse
Elections Committee, has submitted the
unanimous report Of the Committee, which
viii be voted on within the next few days,
in the Greevy-Scull contest. The Commit
tee report that Thomas II. Greevy was
not elected a representative in the ffty-sec-
ond Congress from the Twentieth Congress
ional District Of Pennsylvania, and is not
entitled 20 a seat therein and, that Ed
ward Sclll was duly elected a representative
in the fly second Congress from the Twen-
tieth District Of Pennsylvania, and is en-
titled to retain the seat he now holds" A
msjority Of the Committee are lawyers and
Democrats. Four statements are submitted
in the report, each one increasing Mr.. Sculrs
majority over that returned for him. This.
we believe. is the only case Of record in
which the majority of the member whose
seat was contested was increased by the con-
test.
When he testimony in this case was TAX
en- Mr.. Greevy tried by the testimony Of the
,-,..ar. - yb,-- g. -rlo-. ,ha.. cast fha;r hal
lots. Mr.. Scull produced the ballots cast
and submitted them ss the best evidence.
In their report the Committee say:
" II is a well established principle that the
ballot Of a voter, which has been safely pre-
served by some authorized l custodian is the
best evidence as to how or for whom be vot-
ed and must be produced, and that the tes-
iimony Of the votes is secondary and mad
missible.
But while the Committee adhere to the
opinion tha; the evidence Of the voters was
inadmssable, and to the uniform current of
decisions, that where the ballots cast at an
election are required TO be 50 numbered as
to enable them 10 be identified, and they
custodian, they mus, be produced as the
best evidence, and the testimony of the vot-
ers is secondary and inadmissible, get it has
been considered proper to report the names
of such voters who cast illegal votes, and
who, as shown by their testimony, voted for
the oontestee.
DISTRICT vOgEs CAST X B1RoUGHs.
Itsppears from the record that the elect
ors in various districts or townships in said
Congressional district cast their ballots in
boroughs which were distinct from the dis
tricts or townships, and it is claimed by the
contestant that these votes should be exclud-
ed from the count.
In article 5, section l, clause 8, Of the con-
stitulion Of Pennsylvania, 1874, It's pTovid-
ed that voter shall have resided in the
election district where he shall offer to vote
at leasttwo months Immediately preceding
the election
SOMERSET AND ELK LICK TOWNSHIPS.
The bOroughs of Somerset and Salisbury
lie within the geographical limits Of somer-
set and Elk Lick townships, respectively. in
the county Of Somerset; for many years the
electors residing and registered in the town
ship Of Somerset have been voting at pre-
cinct originally established before the bor-
ough Of Somerset was created, and which |
was taken into the borough when it was |
formed; no precinct was ever established in
the township-no place at which the elect |
4 I'D - - 81
score years and ten, living in the township. |
bad always voted at the precinct at which |
the election was held n November, 1890;
the borough is situated in about the center
o. the township.
In Elk Lick township there was a pre-
cinct within the township. but on the day
Of election the owner of the house in which /
the elections had been held for some years 1
refused TO allow the polls 70 be opened in it.
and the officers Of the election crossed a
narrow alley into the borough of Salisbury
and there opened the polls and received the /
ballots Of The township voters.
In Londonderry West St. Clair, Wood /
bury, West Providence, Napier, and Bed
ford townships, in Bedford county, the elect
o-s in said townships voted respectively in
the boroughs of Hyndman, Pleasantyille,
Woodbury., Everett, Napier snd Bedford. as
had been done for many years, and because
no voting places had been established in the
townships
While the committee regard it as a bard |
ship upon the electors in these different |
townships To reject their votes, but the con- /
and laws Of Pennsylvania must be
Obeyed; the provision of the constitution 4
Of that state requiring. without qualifica-
ton, the electors TO vote in the districts in /
which they had resided for at least two
months Immediately preceding the election
must be enforced. A mistaken idea of the 4
Law upon she part Of the electors, however
honest, or a neglect or refusal upon the part
Of the lower courts 10 establish voting plac-
es within the townships, can not render
void the plain provisions Of the constitution.
The power to fix the qualifications Of
voters is vested in the States, subject only
TO the Limitation contained in the fifteenth
amendment TO the Constitution OF the Uni
ted States. Each State fixes for itself these
and the United States must
adopt and has uniformly adopted the State
law upon the subject, aud the House Of
should not in any case fail
to act in conformity with il.
In obedience, therefore to said provisions
Of the constitution Of Pennsylvania, the
have excluded the votes cast in
by voters who resided within the
limits Of said townships, which are as fol-
lows:
For For
contestant eontestee.
Somerset County.
-lult4r-t III -
ELK Lie 10 Is
Bedford County:
Londonderry y.-.--..-.-.-.-. l16 13s
West - Giair--.-..------- 81 IL
Woodbury. -.----------------- Il ll5 \
West Providence. los IS
y