The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1900-05-30
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treated as a Republican, having been
elected by that party inspector of cleo
tlons, assistant assessor, and from 1891
to the present time township auditor,
but in 1898 had opposed the election OF
Governor Stone and actively supported
the fusion legislative ticket, composed
Of equal numbers of Democrats and Re-
publicans, in opposition to the regular
Republican nominees.
"As Judge of the election, the de-
fendant, when plaintiffs vote was chal-
lenged, had a sworn and judicial duty
to perform. viz: to determine whether
under the rules of the Republican party
he had or had not a right to vote, and
this he did, and as far as the evidence
discloses conscientiously and without
malice or any animus whatever
POINTS OF FACT.
"The following points were present.
ed by the defendant:
"'The court is respectfully requested
to find
"1. That under the rules Of the
Republican party of Chester county,
plaintiff was not entitled to vote at the
Republican primary election held June
3. 1899, after being challenged until
he had made % a declaration to sup
port the party; (s) an affidavit that ne
voted the Republican ticket at the last
general election.
go. That in refusing plaintif's
vote defendant performed a judicial
act, in which he would not be answer
able for a mistake of judgment or
mistake of conclusion,
"'3. The plaintiff had failed to show
that the action of the defendant in re-
fusing plaintiffs vote was willful or
malicious or that such a refusal was
unlawful or Illegal.
-. That plaintiff had failed to
prove a clear and intentional derelic-
tion of duty by defendant.
"'5. That defendant in refusing
plaintiffs vote was acting within the
limits of his jurisdiction as judge OF
election of the Republican primary
meeting, and incurred no legal liability
for a mistake of judgment
"6. That plaintiffs action can not
be sustained and Judgment must be
entered for defendant.
"'7. That judgment of non-suit
must be entered against plaintiff
1--WE do not deem its necessary to
pass upon these points seriatim, as all
that are material to the issue will be
found answered in either our find
ings of fact or conclusions of law.
CONCLUSIONS OF LAW.
1.-THE important legal question pre-
sented is, Can this action, under the
evidence, be sustained?
Under the provisions of the act Of
June 29, 1881, to regulate the holding,
etc, of primary elections, the defend
ant was required to take and subscribe
to an oath or affirmation that he would
impartially and faithfully perform his
duties in accordance with the
rules and regulations adopted by the
Republican party of Chester county,
for the government of primary cleo
tions, meetings or caucuses,' and the
same act subjects him to heavy fine
If he shall willfully disregard or vio-
late the provisions of any rule duly
made by the Republican party of Ches-
ter county for the government Of the
primary elections of the party, or II
lie shall knowingly reject the vote of
any person entitled to vote under the
rules of said party or if he shall
knowingly receive the vote of any per-
son or persons not qualified as afore-
said
"When, therefore, the plaintiffs vote
was challenged it became the duty the
defendant, under his oath or affirma-
ton, as Judge, to determine whether
It should be received or rejected, and
this In accordance with the rules of the
Republican party of Chester county.
"He was consequently compelled to
construe those rules. which he did land
it is not questioned) by holding that
plaintiff was not entitled to vote unless
he would make affidavit that he voted
the Republican ticket at the last gen.
eral election
"That affidavit the plaintiff declined
to make and his vote was rejected"
After citing a number of precedents
in both this country and in England,
to sustain his position, Judge Hemp
hill directed that judgment be entered
by the prothonotary in favor of the
defendant.
INSURGENTS DEM0RALIZED.
This decision has spread consterna.
tion in the ranks of the insurgents.
Men who take an interest in politics
usually like to be identified with one OF
the great political organizations. They
believe in certain fixed principles and
they wish to be regarded as supporters
of the party representing such prin-
clples.
Even some of the most ardent advo-
Gates of fusion at this time, when put
to test, admit that they would not be
identified with the Democratic party
under any circumstances. They are
however, in opposing regular Republi-
can candidates for the legislature CIV
ing the most valuable assistance pos
sible to the Democratic machine in this
state. 1t is hardly possible that Penn
sylvania can become one of the doubt
full states in the approaching presi-
Dental campaign, but II there shall be
a question of the Republicans contin-
uing in control of congress, Pennsyl.
yania and her delegation in the ma.
tional senate and house may be an
important factor in deciding whether
the next Republican administration
shall be backed by Republican con-
gress.
1t is therefore important that every
legislative district that can be carried
by the Republicans this fall shall bC
won. so that there shall be no ques
tion Of the election of Republican t.
the United States senate to succeed
Colonel Quay. The running of fusioI