Harrisburg telegraph. [volume] (Harrisburg, Pa.) 1879-1948, 1916-01-15
SMALL FINES FOR
SEVEN VIOLATORS
Continued From First Page.l


lowing are the men who We're SEN
fenced this morning:
Raymond Bell,
Harrison Keim,
Percy Moore.
ID. e. Newman,
George Potter,
Ross Swartz.
The other man who was called to
enter the same plea. but who was too
i'll to appear. is Charles r. Miller.
Guyer Only Witness
The only witness placed on the stand
by District Attorney M. Z. Stroup was
John P. Guyer. agent for the Law and
Order League.
Senator e. Z. Beidleman and John
r. Geyer and Senator John E. Fox
represented the offenders; District At
torney Stroup was assisted by
ex-Deputy Attorney General ]. E. B.
Cunningham and H. r. saussaman,
special counsel for the league.
Unfamiliar With Laws
With the exception of Potter, Moore
and Bell, the charges alleged the max
ing of false affidavits relative to in
ability to mark ballots. Potter and
Moore it appeared had given assist
ance to electors who were physically
unable to mark their ticket, but the
helpers had neglected to make proper
afidavits. Bell, 1t appeared had voted
for the first time in September and
was unfamiliar with the requirements
of the law. Newman asked for his
assistance because he did not have
his glasses at the time and the booth
was very dark, his counsel explained.
1t was close to the time of closing the
polls and If he had gone home for his
spectacleS he would have lost his
chance to vote. Accordingly he asked
for assistance in marking his ticket.
9. r. Swartz didn't know he needed
an affadavit to secure assistance Ross
Swartz was equally ignorant, and Keim
had sworn to a defective affidavit.
just to Serve Notice
In calling attention to the Law and
Order Leagues actions ex-Deputy At
torney General ]. f. 3. Cunningham
pointed out that the changes in the
election laws and the probable ignor-
ance of many electors of the provi-
sions was appreciated. Under no cir
cumstances, he said, would the league
insist upon a prison sentence but he
thought fine should be imposed as
would serve notice upon the defend
ants and upon the public that the
election laws were made to be obeyed
and that they must be obeyed. At
torney Saussaman endorsed Mr.. Cum
ningham's statements. District At
torney Stroup made practically the
that similar instances of violations
may have happened in every precinct
but that so far as his investigators
were able to learn there had been no
intention of corrupting the ballot or
the voter; the violations were largely
due to ignorance or carelessness, he
said.
In imposing sentence President
Judge Kunkel called attention to the
fact that a fine of s25 was equivalent
to three months in prison.
Ignorance or gross negligence or
reckless disregard of the laws require
ments" was how Judge Kunkel char
acteriZed the violations. He referred
to the fact, however, that no intention
to corrupt the voter or sully the purity
of the ballot had been charged. Ee
cited the specific instance of violations.
The election law of 1913 was made to
be enforced, he said, and it is the duty
of the election officers as we'll as the
other officers of the county to see that
the law is enforced. He touched upon
the fact that the primary law is COM
paratively new and that this might ac-
count for the failure of the defendants
to thoroughly understand all its pro-
visions. Not that ignorance of the pri-
mary law is any more of an excuse for
violation than ignorance of any law
is defense. he argued; but the fact
that it is n new law and that the re-
quirements relative to aff1davits were
probably not understood by many
might alleviate the offense to some eX-
tent he said. He emphasized the fact
that these were the first offenses.
Zone who does not keep himself
advised will not have a very thorough
of the requirements of
the law" concluded President Judge
Kunkel. This ignorance is not con-
fined to the ilIitcrate alone. Sometimes
men of education and intelligence
cannot make their ballots as well as
those who cant read"