The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1908-01-23

ton board, but notwithstanding his
| demand Whitney Hess was sworn
in as judge of election by the min
ority inspector, and then, said
Whitney Hess and the other men,
bers of the board, proceeded to con-
duct the election without Johnson,
and received the votes cast at said
polling place, counted and made
return of the same without the
said Johnson participating therein
"6. That Whitney Hess acted
as judge of the general election
held in Mifflin township November
s, 1907 that he was not the rega-
larly elected judge of election for
said Mifflin township; that he was
not appointed judge of election to
hold the November election, 1907,
in said. Mifflin township; that there
was no vacancy in the Office OF
judge of election in Mifllin town
ship on the morning of November
sth, 1907, A. T.. Johnson, the regu-
larly elected judge of election, being
present at the time of opening the
polls demanding his right to par
ticipate in receiving, counting and
return of the votes cast at said poll
ing place.
II. That the election returns
from Mifflin township for said cleo
ton show that Io7 votes were cast
for William Krickbaum for Asso-
ciate Judge and that thirty-nine
votes were cast for George M
Hughes for Associate Judge.
On the part of the respondent it
is contended that the vote of Mifllin
township cannot be thrown out, (I)
Because the action of Whitney
Hess, as judge, was not in fraud of
the rights of either candidate !;
neither was his appointment fraud
ulently obtained, nor did his action,
or the action of the board in allow
ing him to sit, change, alter or even
render uncertain a single vote cast
at the election; CD Because " nit
ney Hess, holding and claiming to
hold by virtue of valid appoint
ment at the June primary was act
ing under color of title, and vas
therefore, as respe sets third persons,
the de facto judge OF election, and
his acts as such are binding on the
contestants and respondent.
ION the part of the contestants
II Is contended that because the
election in Mifiin township vas
held by judge of election who
| vas not legally elected or legally
appointed the return Of votes cast
At that poll, is illegal and cannot
be counted.
"The holding Of elections within
this commonwealth Is governed by
the constitution and statute. Sec
tion ID of the Act of Assembly, ap-
proved July 2, 1889, P. L. SIG,
reads as follows "The general,
special, city, incorporated district
and township elections for electors
of president and vice president of
the United States, shall be held and
| conducted by the inspectors and
judges elected as aforesaid, and by
clerks appointed as in hereafter
| provided"
"Article s, Section IA of the
Constitution of 1874, provides /:
That District election boards shall
| consist of a judge and two inspec-
tors, who shall be chosen annually
by the citizens
"The Act Of January 80. 1874,
P. L. 80, provides That at the
election to be held on the third
Tuesday of February, and at the
election annually thereafter, there
shall be elected in each election
district in the state \,
one person as judge and two in
spectors.
THE act of May S, 1897, P. L.
38, provides that in all election dis
tricts where vacancy exists by
reason of the disqualification of the
officer, or by removal, resignation,
death or other cause, in all election
board heretofore elected or ap-
pointed, or that may hereafter be
elected or appointed, the judge or
IL &c rs