The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1897-10-06

proven to have occurred in previous
years. II 1.-THE construction of Rule l3 is
not as contended above, the opposite con-
struction contcnded for wonld compel the
Chairman to "pay expenses of the con-
vention of return judges" without max
ing any prov ision to enable him to collect
said expenses. The fact that some previ-
Gus Chairmen, as proven, had borrowed
the money to meet deficiency can hard
ly be held as a precedent to require a
subsequent Chairman To do the same and
make himself personally liable therefor
WERE AFRAID OF MANDAMUs PROCEED
ISGs.
II was sought 10 be shown on the hear
ing before US that there was sufficient
money in the hands of Chairman Berk-
ley TO conduct the primaries, notwith-
ing his assertion to the contrary, and that
no assessment was necessary; and wit
nesses were called to give estimates of
the probable cost of holding the prima-
ries: but we do not feel that we ought 10
be asked, or that we can, ia tas proceed
ing. settle dispute of that character, in
volving, as it does. the opinions Of wit
nesses as to the proper amount to be paid
Return Judges, newspapers for announce
ments, aud rent for places in which to
bold primaries.
II seems to us that if the different can
didates doubted the statement of Chair
man Berkley that there was not sufficient
money in his hands, or questioned his
right TO demand that they make up any
deficit, the primaries being especially an
affair of theirs and not OF his, and it be-
ing known 10 them that their names
would hot be announced unless they did
pay him their shares of the alleged defic-
it, the proper way for them to have OBJ
tained their rights would have been TO
pay to Chairman Berkeley the small
amount claimed from each one, having
clear right TO recover from him their
shares of any unused surplus, and more
especially since he had notified them of
his willingness TO return any snch sur
plus To them. II, as alleged in this case,
the claim of Berkley 10 collect from can
didates an assessment in addition To the
fee provided by rule -, and his failure to
announce their names, was part of
scheme to prevent them from being voted
for, the candidates could very readily
have disarmed him by complying with
his demand. and the failure Of all the
candidates 10 do so appears to US like a
concert of action on their part 10 disre-
gard the rules of the party. Furthermore,
they knew on the 9Th of June, more than
two weeks before the time for holding
the primaries, by the fact that their
names were not announced in the papers.
that Mr.. Berkeley did not intend to an.
nounce their names or place them on the
ticket. IL his reasons for not doing so
were insufficient, they had a clear legal
remedy by applying TO the Court for
mandanus, and there was ample time to
have the question determined, and, if
successful, 10 compel him to announce
their names before the primaries and fur
nish lists of candidates to the commit
teemen with their names on. This course
being open to them. and they knowing
that they could not be legally voted for
unless announced, il was their duty to re-
sort To it and not to Insist on their candi-
dacy when not announced, and not hav
ing their names printed on any ballot
furnished by the Chairman. III the rules
and regulations can be disregarded in
the manner attempted in this case and
such action is encouraged by the Courts,
we see no reason why they can not be set
aside at the will of every candidate who
sees fit TO disregard them.
There is an abundance of authority
that mandamus will lie in such a case;
see Spelling's Extraordinary Relief, Ii
tie, "Mandsmus Pertaining to Elections
Sec. 1866, Vol. 2. page l257; Common
wealth vs.. Sucker. Is County Court Re
ports, sol; Clay's Nomination. II County
Court Reports, 40; o Am. * Eng. Enc
Law, page 379.
THE FAMOUS HEART BLOW.
Much evidence was introduced under
the offer to show that throughout this
whole transaction the Chairman was not
acting in good faith with the different
candidates and did not give them full in
formation as to the condition of the treas
ury and that he concealed from them data
important for them to know. but we still
think, as we frequently in;imateI at the
hearing, that this is not material 10 the
issue. The right of these candidates to
have their names printed on the official
ballots can not be determined by the
question as to whether or not Chairman
Berkley did his full duty in the promises,
but the question i AZ To whether he and
the candidates together took the necessa-
~ steps TO qualify the latter as candidates
under the rules OF the party. Ii they did
not, they are not entitled to have their
names printed on the official ballot. re-
gardless of the reasons as TO why the
proper steps were not taken.
We conclude that Chiirman Berkeley
was warranted by reason, by precedent
aud by fair construction of the rules of
the party in demanding Of the candidates
that they pay or agree to pay their pro-
portionate shares of the amounts neces-
sary to enable him to pay the expeb-
ses he was expected to pay under the
rules; and while we have iutimateI
that we ought not to be called upon 10
decide the question as TO whether such an
was necessary, and that he
was the sole judge as To whether an as
was necessary, and that they |
had their remedy if be was mistaken or
imposed upon them, yet we have no hes
itation in saying that If the precedents of
former years were followed il would re-
iuire more money TO hold the primaries |
than he had in his hands and we do not |
feel called upon to reverse any of these |
IL follows that Miller and |
Shaffer, having failed to pay the assess
ments required of them, he was warrant |
Ell in declining To announce their names
and their names not having been an |
nOunced to the voters of the county, |
m I not having appear ed upon any list of
candidates furnished by the Chairman to |
The voters, that they were not legally |
voted for and that no convention of return |
Judges convened to count that vote can |
make them lega; candidates, and there
fore the objections to their certificate |
must prevail.
A BRAIN-CLoUT.
1t follows from the above that there was
but one candidate to be voted for at the /
primaries for the Office of Director of the |
Poor and but one candidate for Jury |
and this being the case it
IS idle to say that it was necessary to
spend the amount necessary 20 hold the
primaries, whether the Act Of June 2,