The star. (Reynoldsville, Pa.) 1892-1946, 1903-04-15
SCHOOL, CONTEST CASE.
Judge Reeds Decision in Favor Of Murray
and Smith for School Directors.

and Smith for School Directors.
Judge John w. Reed has given his
decision In the Wlnsow township con-
test over the election of school direc-
tors last February. We publish the
courts opinion In full:
OPINION OF THE COURT.
Reed, p. j., April 11th, 1903 This
is a contest over the election of school
directors Of Winslow township at the
February election last. There were two
to be elected for the term Of three
years and one for the term OF one year.
Six candidates were voted for. o. H.
Broadhead, James Roberts and Benz.
Haugh received 14i, 129 and ll5 votes
respectively, and Allen Gathers, A. G..
Murray and p. A. Smith received 144,
l2i and 1l2 votes respectively. There
was no term designated on the ballots
cast for the first three candidates
named, but there was on the ballots cast
for the last three candidates named.
Allen Gathers and A. G. Murray, for the
three years term, had l44 and 12i votes
respectively, and p. A. Smith, for the
one year term, had 1l2 votes. The
election officers certified that the three
persons having the highest number OF
all the votes cast were duly chosen, and
issued their certificate of election to o.
II. Broadhead and Allen Gathers for the
three years term and to James Roberts
for the one year term. In this they dis
regarded the fact that no term was des-
ignated on the ballots cast for either o.
Fl. Broadhead or James Roberts. The
effort TO support this action OF the cleo
tion officers on the ground that there
was common understanding among
the voters that the two candidates re-
ceiving the highest number OF votes
were to be declared elected for the
three years term, and the candidate re-
ceiving the next highest number OF
votes was TO be declared elected for the
one year term, cannot succeed. Where
some OF the votes cast have the term
designated on them and some have not,
those having no term designated on
them must be rejected. This question
has been before our Supreme Court on
several occasions, and IN each instance
IL was held that the votes without any
term designated on them could not be
counted.
Milligans Appeal, 96 Pa. 222; In re
Contested Election of Gilleland, 96 Pa.
224; Chamberlin ct al. v. Hartley ct al.
l52 Pa. 544. The intention OF the voter
must appear from an inspection Of his
ballot; 1t cannot be proven by parol or
oy resort had to extraneous evidence.
The common understanding has moth
ing whatsoever to do with the legality
OF the ballot cast. The second section
of the act of April 11th, 1862, p. L. All,
provides that II the voters "shall all
neglect to designate, on their tickets,
the term Of Office for which each person
voted for is candidate, then. the per.
son or persons having the highest num-
ber Of votes shall be declared elected
for the longest term or terms; the next
highest in vote, after filling OF the
longest term, shall be declared elected
for the next longest term, and so on,
till all the terms vacant shall be filed. y
But this act is only operative when
there are no ballots on which the term
Is designated
In Chamberlin V. Hartley, supra,
six directors were to be chosen, two for
term OF three years, two for two years
and two for one year. The ballots Of
the six persons having majority OF all
the votes cast, failed to designate the
term, but the six persons having a mi.
nority of all the votes cast had a major
ity Of all the votes on which the tern
was designated, and the court held that
the latter six persons we're duly elected
also that it was incompetent to show
that it was the common understanding
regarding the first six persons nominal
ed that the persons receiving the high
est number OF all the votes should have
the three years term, the persons re-
ceiving the next highest number should
have the two years term, and the per
sons receiving the next highest number
should have the one year term. The
The court further held that the act o
April IL, 1862, had no application where
some Of the voters have designated or
their tickets the term of Office for
which each person voted for is a candi
date. That case rules this one, and il
directly in point in all its essential
features.
The contention that the election Of
the entire ticket at the February cleo
tion in Winslow township should be de
clared Illegal for the reason that the
constable of said township failed and
neglected to give ten days notice by
written or printed handbills Of said