Year: 1869

Henry NJ. Phillips, ESQ, on behalf Of the respon-
dents, followed Judge Strong


your time and attention for but short space CON


lining myself to reply TO the positions advanced by
not saw so in express words the gentleman plainly
left upon us the idea that this contest an appeal
Te expected ted now now to punish the people But
our form Of government is based upon the
which nST & ySu 20 w sustain aS h@t the
died by the people themselves. They have always
done IT, always will do 1t, and never confded to any
branch OF their government the power to do IL on
such a scale as this. Where you have judicial duty
perform it, but do not go beyond that. l do not
claim the right to vote as an inherent one derive
il from the Constitution of this Commonwealth, and
from the laws Of this Commonwealth you derive


The wisest piece Of legislation this people has had
for many a year was the election law OF 1889, and
that law gave you the power, upon complaint of an
decide upon the merits Of the case. You are not
given the power to examine into the qualifications
Of the electees, and it Is quite question whether
and If this should be so, 1t limits your
Honors to the duty OF investigating simply the re-
turns know you will not assume a Jurisdiction that
is not given you expressly by the law and is not
to be said that you would attempt it in controversy
between the contestants and the people, for the can
didates who are returned as elected represent the
people. And while you are centned to this limited
jurisdiction, inform the people OF this fact that their
will shall not be repeatedly attacked by defeated
candidates, and attempted to be set aside. When
the law provides that contestants petition shall
ii
in that time find enough specific frauds upon which
to base his case, dissent from the doctrine that they
should be permitted to come into this Court and OBJ
tain charter for looking further. When an cleo
ton is held and the people have declared their will
sustain it give due credit to the sworn returns Of
sworn officers why Judge Strong should have
complained Of the increasing lack of respect to pub
lie oficeTs-an election officer though humbe-and
indeed this investigation proves it to be so-and
yet an election officer | say, is public
servant, and is entitled to as much respect
in his crcumscrbed sphere as the highest functiOn-
ary in the land And when these officers upon their
solemn oaths make returns, they should be sup
ported and defended against such groundess attacks
as this Allowing everything claimed by these con-
testants, and still the two highest officers will not
be affected, unless your Honors throw out the pre-
cncts, which | cannot believe you will do. Why,
by doing such thing, you would expressly overruie
your own decision, given only one year ago. This
Court is not like the wind or the sunshine OF an
April day. upon which no confidence can be rested.


Now was there not preconcerted combination to
reject the naturalization papers? 1t is clearly proven
These papers are like divorces. They are records
and stand, or should stand. And you will say that
where these rejections occurred the election was
undue.


Taking up this case from first to last, have the
contestants shown such a state OF facts would
enttle you to throw out the election? Are you to
encourage defeated candidate in coming here and
treating an election as if he was not defeated?


Here rest the case with your Ionors.


Conclusion by Mr.. Meredith.


The Hon. William NJ Meredith followed, cOnclud-
ing the argument OF the whole case and speaking
the part Of the contestants:-


If the Court please, have few words to say in
reply to what has fallen from our learned opponents
and they shall be few for am not nsensibe to the
time that has already been consumed in this case,
and thoroughness with which it has already been
discussed; In fact, but for few remarks ad-
vanced by Mr.. Phillips, | should not have
deemed it necessary to say word.
here not for the purpose Of directing your attention
to the facts Of the case but to talk about the people,
and say that this contest is moved by lust and
greed of office. Now come here to represent the
interest OF this very people whose will they say we
endeavor to overturn. Now in regard to the proceed
ing OF the legislative committe, while good things
are justly said of the parties to this case, cannot
refrain from giving praise to who is entitled to it,
but OF whom It has not yet been said. My learned
friend Mr.. Hirst, who comes here to defend this
contest seeing plainly that the clear against
Committee He showed that OF the lust and greed
for office attributed to these contestants he had
none, and for this he deserves honor.


What has Mr. Phillips done? Why, he has gone
back to the law which has been decided by your
Honors six times--decided six times Then he at
tempts to mpeach the forms of the petitions but you
have already heard and decided that before you ap-
pointed the examiners


will not attempt detail OF the case but will look
at 1t generally; and doing this find votes pOlled so
rapidly that they could not be entered unassessed
votes received votes counted that were not cast,
and various other frauds These leave it your plain
duty to cast out the polls where they prevailed. Mr..
Phillips cries that this would be to punish the people.
Yes, to punish those who have deliberately cheated
the people of an election There is good ground for
the rejecting all the precincts we have attacked


on the other hand, let me inquire into the ground



ties 1t is this angry and vexing subject of natu-
raization No proper minded man can help regret
ting that this subject ever existed. But the whole
number OF these votes proven to have been refused
was only 310 which, If allowed, would not defeat it.
But they do not rest here; they ask you also
to deduct thousands from us for those
who were deferred from coming to the poll Why
didn't they to the poll Had they heard of that
individual who, upon OATH stated to the inspector
a period which proved he was not entitled to natu-
ralization The seal OF the Supreme Court was
counterfeited, the. signature OF the Prothonotary
was forged. concur in the principle
that the seal OF the court proves itself;
but also say forgery also proves itself. You will
incncate the doctrine that because the genuine
seal itself ID verify, that anything that may be
offered is TO be equally well received. say it was
The duty OF the election officers to examine aud to
exercise their judgment in the polling Of these votes
and to attempt to protect the public from their i'm
p ston.


Now need not beg your pardon, for think you
Will thank for not having entered into DETAIL and
! will now tndish my remark with the earnest
prayer that your HOnors will strictly apply the
penalty to these wrongs that you will no longer in
duge in warnings for they have now proven useless
but will do what 1t has warned before. Again thank
ing your Honors for the patience with which you
nave borne with myself and all OF us, nave done'


Naturalization In this Court.


Judge Allison announced that the NATURALIZATION
III this Court would be conducted under the personal
supervision Of one of Judges that the 2Oth OF TINS
month Court will be opened in the old Quarter oes-
slOns Toom where of the judges each taxing ms
term will sit daily from 10 O'Clock until except on
Saturdays, and will see as far as possible ChaI e
business is conducted properly.


The Court then stood adjourned