The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1900-06-06
Koontz and Kendall

nee Of RepreSenta- ltJJ-
tive in the General
Assembly of Penn
sylvanis for the
County OF Somerset.
And now, June 4, 1900, comes w.
q. Sznner and Fred Rowe, citizens and
qualified electors Of the county of Somer-
set. and file the following objections 10
the Certificate Of Nomination, MED in the
Office Of the Secretary OF the Common
wealth. on the day of April, 1900,
purporting 10 certify the nomination of
William n. KoOntz and Samuel A. Ken
dali a. candidates OF the Repu biican par
ty or policy for the Office of Representa-
tive in the General Assembly OF Pennsyl-
Vania for the County of Somerset:
l. That candidates Of the Republican
party for the Office OF Representative in
the General Assembly IN the county Of
Somerset, under the rules OF the Repub
lican party in said county. are nominated
at primary elections, held on the fourth
Saturday Of June in each year, except
in the years when the Republican
State Convention is held prior TO that
date, in which case the Chairman Of
the Republican County Committee Is
authorized TO call special primary cleo
ton at an earlier date, giving al least
thirty days notice Of such change Of date.
and that, under said rules, the persons
receiving the highest number OF the votes
cast at said primary election are entitled
10 be declared 10 be the nominees of the
Repn n6lican party for said Office.
Q That q primary election under said
rules, for the purpose, inter ALA, of nomi
mating candidates Of the Republican par
ty for the Office OF Representative in the
General Assembly of Pennsylvania for
said county, was duly called and held on
~ . . -
at the places fixed by the said rules, and
that al said election neither the said " il
liam II. Koontz nor the said Samuel a.
Kendall received the majority of the
votes cast thereat, but that w. H. Sanner
aud Fred Rowe did receive such major
iiy. and were legally and duly chosen by
the menb bers of said party a. the candi-
dates of said party Tor said Office.
3. That under said rules, the returns
OF said primary election are opened and
counted and the result thereof declared
by a convention Of judges holding the
election in the several primary election
districts, said convention 10 be held on
the Tuesday following such primary eiec-
ton, at the Court House, in the borough
of Somerset, at / O'Clock D. M; that at
such time and place a convention OF such
Judges was held, which convention was
composed Of a majority Of all the judges
OF election lawfully qualified under said
rules TO hold said primary election.
and being the judges OF a majority OF all
the primary election districts in said
| county, and said convention having been
| duly organized, and having proceeded TO
open and count the returns from the sew
| eral election districts of said county, j.
appeared that the said ". II. Sanner and
| Fred Rowe had received the highest
number of votes for said Office of Repre-
sentative in the General Assembly of
! Pennsylvania. and said ~. n. Sanner
and Fred Rowe were. in accordance with
the said rules, duly declared the nOmi-
nees Of the Republican party for said
| Office. a certificate of which nomination
has been duly filed in the Office Of the
Secretary Of the Commonwealth and said
w n. Sanuer and Fred Rowe are, there
fore, the only lawfully nominated candi-
dates for said Office, and are the only per-
sons entitled to be certified upon the
official ballot as candidates for the same.
4. That the so-called meeting of return
jucges, or convention. which undertook
20 nominate the said William II. koontz
and Samuel A. Kendall for the said Office,
WAS not a convention OF delegates, pri-
mary meeting Of electors, or caucus, held
under the rules of the Republ party
| IN the county of Somerset, or any board
authorized 20 certify nominations repre-
senting the said party, and that said
nominations are, consequently, illegal
lsnd void.
5. That the said so-ealled board or con-
ventiOn Of return judges was composed of
a minority of the return judges who law
| fully constituted said convention, under
the rules OF the said party, together with
a number of persons no were not quail
| fled TO sit therein or to act as member of
any returning board or convention aU-
thorized 70 certify such nominations.
6. That Henry w. Holsopple, Charles
| Barnes, r T. Pollard. Noah Bruner,
| George w. Tressler. Ross Hillegas. Z. c.
Davis and ]. L. BOmgardner, who acted
| with the said minority and undertook to
participate in making said nominations.
were not the return judges Of any election
| legally held for the purpose Of voting
| for candidates for said office, aud
were not qualified. under the rules of the
Repu blican party in the county of Somer-
set, 10 act as members OF any board or
convention OF return judges in canvass
| ing the vote cast at said primary election,
or in declaring the nominees Tor any Of
| fice voted for at such election.
I. That j. A. Berkey, who acted as
chairman Of said so-called board or con-
veDtion Of return judges, arbitrarily and
without permitting the convention to
pass upon the same, refused TO admit TO
said convention II. p Benson, Daniel
| Mickey, Frank Phinicie, John Schlag.
d. q. Mangis. y. A. Long and J. f.
Smith as members of said convention,
although said persons were lawfully
chosen and duly qualified return judges
f election precincts Of said county, to-
vii: the precincts of Benson borough,
CaSselman borough, Garrett borough,
jefferson township. Larimer township,
Ogle township and New Baltimore bor-
ough, and as such were entitled TO sit and
vote in said convention; and also refused
To admiI 70 said convention George r
Scull, as the proxy of V. NJ. Black, the
return judge of Confluence borough, and
John r. Scott. proxy Of Leroy Scott, of
New CentreVille borough, although by
the nssges of the Republican party in
Somerset county said George X. Scuil
and John X. Scott were entitled, as such
proxies, 10 sit and vote in said conven-
lion and refused 20 admit 70 said conven-
fion n. A. Christner, the return jndge of
Elk Lick township, No. p although by
the usages of the Republican party in
Somerset county said Elk Lick township,
No. ,, had for many years been a pri-
mary election district, and as such en-
titled 10 a Judge of election, who was ac-
customed and entitled 70 sit in the con
vention of return judges and vote and act
as member of the same; aud by reason
of the arbitrary and improper exclusion
Of said persons. said sO-calied convention
OF return judges was illegal aud void,
OF said primary election, or 20 declare the
result thoreof.
& The said rule provides:
That in case there Is any allegation of
fraud in any precinct in the county,
the result shall not be announced. il
the fraud alleged would affect the
same; but it shall he the duty of the
convention, upon a particular state
nent being made, verified by oaths,
setting forth wherein such fraud con-
sis.s, a copy of which statement shall
be certified forthwith on the opposing
candidate TO the party alleging said
fraud, 70 adjourn for a period OF ten
days, during which time testimony
can be taken by the parties in interes.,
upon due notice"
That at said so-cSlled convention of
return judges, and before the returns of
said primary election were canvassed or
the result thereof announced, an aliega-
ton was mae Of gross fraud in nine of
the precincts of said county. which fraud
wo1ld change the result of said election,
and particu lar statement IN writing was
made by Harvey NJ. Berkeley, Fred Rowe
and W. 81. Sanner. verified hy their
oaths, setting forth wherein said fraud
consisted, and WAS presented to said con-
vention, said William H. Koontz and
Samuel A. Kendall being then and there
present; but, in violation of his duty and
said rule, the chairman OF said conven-
ton, j. A. Berkey, refused 70 allow said
convention 10 receive or consider such
statement, and said convention did not.
az required by said rule, adjourn for
period Of ten days, but Immediately pro-
ceeded, without having opened and
ccdnted any election returns, arbitrarily
and IN violation of said rule, 70 declare
William h kcontZ and Samuel A. Ken
dali the nominees of the party for the