The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1900-05-30
A PARTY LOYALTY
ISSUE In COURT
A Judicial Decision Which viii
Have Far Reaching Effect.
WARNING TO FUsIONISFs.
Judge Hemphnr. Decision In ches-
ter County Case Against socaIied
Republican Who Voted Fusion
Legislative Ticket and Afterwnrd
wanted to Participate I'm Republi-
rau Prfmnrfas

Especial correspondence)
Harrisburg, May "a decision
which will have far reaching influence
upon the politics of this state was
given last week by Judge HemphiH, OF
the Chester county court, in a case in
which there was an issue as to the in
depreciation of the rules OF the Repub-
lican party in that county. Action was
brought against a judge OF RepUOIi~
can primary election who refused to ac-
cept the vote OF nan 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
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 Renub-
licans. When the next Republican pri-
mary election was held this individual
went to the polls and sought 10 partici-
pate in the election OF Republican del
egates. His vote was challenged and
the judgeof the election refused 70 ae-
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 criminal prosecu-
ton instituted, but when the matter
came before the grand jury and all the
circumstances in the case were 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, Prohibitionists or any
other candidates against the regular
nominees of the Republican organiza-
tion.
A civil suit for damages was next
brought aId the strongest legal talent
available was retained to make the best
possible presentation Of the case in IA
vor Of the representative Of the in
surgent cause. After the matter wa:
fully argued and all the opinions and
other precedents were presented to the
court. Judge Hemphill took ample time
TO carefully consider and weigh all 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 c.
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 palm
tiffs vote at a Republican primary
election held in the eastern precinct
Of Tredyffrin township in June. 1ss9
and The following are our
FINDINGS OF FACTS.
"The defendant was the dGlay elect
ed and qualified judge of a primary
election held by the Republicans of the
eastern district of Tredyffrin 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 whereupOn 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:
State of Pennsylvania, county Of
Chester. IS.
Personally appeared before me. a
Judge of the Republican primary cleo
tion of the township or ward Of --,
who, being duly affirmed, or sworn, ac-
cording 10 law, doth depose and say
that be voted the Republican ticket at
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. 1899. -