The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1908-01-23
KRICKBAUM OUSTED.
GContinued from 1st Page.l
must be complied with strictly. 1t

must be complied with strictly. 1t
is true that the omission or mis-
prision of the election officers may
thus deprive the qualified electors
OF representation in convention.
But, if it is not the duty Of electors
to compel an observance of the law
by election officers before depositing
their ballots, it is certain that they
or any of them have a right to do
so, and that Court would declare
vacant board whose officers failed
or refused TO observe the provision
Of the Act. X The primary
election officers are the electors own
choosing. and credentials issued by
a board in violation of law ccm.
tainted into the hands of the dele
gates, and deprivation Of the rights
OF electors or delegates is no great
er than the recognized duty of an
Initiating the votes Of an election
district whose cast cannot be purg-
ed of illegal votes K *. A
disregard of mandatory provision
in statute having i'll view the pre-
yention of fraud oTends against
public policy, and any act violative
of the declared policy of the law is
void.
Judge Allison in defining what
we are to understand by the words
undue election" says in Campbell
VS.. Leech, 7 Philadelphia, page II,
that lin strict Specification an cleo
ton is not a due election when it is
not right, not legal. not equitable
to or in conformity with the rule
or standard which the law sets up.
That which is not just or proper.
or is irregular. is undue. An cleo
ton therefore which is not conduct
ed according to law. either as to
substance or form in any essential
particular is an undue election.
And yet more clearly is an election
undue in the management of which
the positive and material require
ments of the law are wilfully and
knowingly disregarded and DISC
beyed."
The provision Of the I4th section
of the Act OF July 2, 1899. which
provides that township elections"
shall be held and conducted by GER
tain specified election officers Is
mandatory and not merely directo-
~, and we SO hold.
1T may be conceded that the
conduct of election officers, although
clearly illegal and in violation of a
plain direction of the election laws.
will not be allowed to defeat the
expressed will of the people, where
there is no reason to believe that
the officers acted fraudulently or in
bad faith, or that their conduct
changed, altered or rendered un-
certain the returns of the election.
In this case the election in Mif-
fin township was not held and con-
Quoted by the judge of election who
had been legally elected, neither
was there vacancy III the Office of
Judge of election in said township
at the time of holding the election,
The election, however, was held
and conducted by Whitney Hess
acting as judge of election, but who
had not been elected or appointed
TO conduct or hold the same, when
the judge of election, duly elected
was present, insisting upon his
rights to hold and conduct the same.
Whitney Hess was not an election
/ ofhcer. He had not been elected
judge of election, neither had he
been appointed judge of election to
hold and conduct the election held
I'm said township on November S,
1907.
The contention that Whitney
Hess was a de-facto judge of elec,
ton acting under color of title, and
his acts as such binding on the con-
testants cannot be sustained.
1.-THE testimony shows that Whit
ney Hess was appointed to hold
the June primary election, not the
general election of November &.
1907.
IA de-facto officer is one who
has the reputation of being the Of
ii