Republican news item. [volume] (Laport, Pa.) 1896-19??, 1900-05-31
Harrisburg. May Es.--A decision


Harrisburg, May Es.-A decision
which will have far reaching influence
upon the politics of this state was
given last week by Judge Hemphill. of
the Chester county court, I'm q case in
which there was an issue as to the In
depreciation Of the rules of the Repub-
lican party in that county. Action vas
brought against a judge Of Republic
can primary election who refused to ac-
cept the vote of a man who had not
supported the full Republican ticket
at the election last November for mem-
bers Of the legislature. While for years
this man had been looked upon as a
Republican and he had probably al-
ways voted the Republican ticket be-
fore that time, he turned IN with the
insurgents and voted for the fusion
candidates for the legislature, who in-
cluded Democrats and former Rapub-
licans. When the next Republican pri-
mary election was held this individual
went to the polls and sought to particle
pate in the election of Republican del
egates. His vote was challenged and
the judgeof tho election refused to ac-
cept his ballot. There were, Of course,
expressions Of great indignation from
the men who had worked with him to
defeat the regular Republican candi-
date at the preceding election. They
made all sorts of threats as to what
they would do with this Republican
election Judge, who had exercised his
best Judgment as to what he should do
under the circumstances.
First there was O criminal proSecu-
tion instituted, but when the matter
came before the grand jury and all the
circumstances in the case we're recited,
the bill of Indictment was promptly ig-
nored, and again the insurgents were
much chagrined. They did not give up
the fight, however They had power
full political influence back OF them,
with the Martin-Flinn organization of
the state deeply Interested in the out
come of this important issue as to the
status of the men who follow the lead
ership of Finn and Martin and vote
for Democrats, Prohibiionists - any
other candidates against the regular
nominees of the Republican organiza-
ton.
A civil suit for damages was next
brought and the strongest legal 9alent
available was retained to make the best
,,occ;lJo nrocoptokiop ~ tho oaca In - -
vor of the representative Of tle in
surgent cause. After the matter was
fully argued and all the opinions and
other precedents were presented to the
court, Judge Hemphtll took ample time
to carefully consider and weigh al the
facts in the case. His conclusions in
the matter spread Generalization
among the advocates Of fusion in every
quarter of the commonwealth.
JUDGE HEMPHILL's OPINION.
Judge Hemphill, in his opinion citing
the facts of the case, wrote:
Edwin w. Thomas vs.. Thomas G.
Smith. In the court Of common pleas
of Chester county, No. II, to October
term, 1899. Trial by court without a
jury.
This is an action of trespass to recov-
er damages for the rejection OF plain
tiff's vote at a Republican, primary
election held in the eastern prGinct
Of Tredyffrin township In June 1899
and the following are our
"FINDINGS OF FACTEa
'The defendant was the lulay elect
ed and qualified judge of q primary
election held by the Republicans f the
eastern district of Tredyffdn township
at Stratford, on June 3. 1899. The
plaintiff offered to vote at said election
and was challenged by William P
Heite, on the ground that he had not
supported the Republican ticket at the
last general election whsCsupon the
defendant declined to receive his vote
unles he would be sworn or affirmed
to and sign printed affidavit, of which
the following is copy:
estate of Pennsylvania, county o1
Chester, SIS.
Personally appeared before nae, .
judge of the Republican primary cleo
tion of the township or ward Of ---
who. being duly affirmed, or sworn ae,
cording to law, doth dspose and SAY
that he voted the Republican ticket al
the last general election as required by
the rules OF the Republican party.
Affirmed, or sworn. before me this
Sd day OF June, A. D. 1893. -
e." Judge Of Election
which had been furnished him witt
the other election papers and blank
and which he understood to be In com
pliance with the requirements Of thai
portion of rule of the rules of thu
Republican party of Chester county