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Proceedings and Acts of the General Assembly, 1866
Volume 107, Page 1805   View pdf image (33K)
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9
in the Fifth Election District, 107 of them voted for the peti-
tioner, and, admitting that the others voted for Mr. Frank-
lin, lie could only have received 102 legal votes; and yet,
the Judges of Election certify and return that he received
218 votes.
And in the Eighth Election District, it appears in like
manner, from the depositions of witnesses, that of the quali-
fied voters who voted in this District, 27 voted for the peti-
tioner, and again admitting that the remaining qualified
voters voting, voted for Mr. Franklin, he could have
received only 32 legal votes; and yet, in this district, the
Judges of Election have certified and returned that he
received 112 votes.
And so, also, in the Tenth District, it appears, from the
depositions of the witnesses, that of the qualified voters who
voted in this district, 50 of them voted for the petitioner,
and again admitting that the remaining qualified voters
voted for Mr. Franklin, he could have received only 16
legal votes; and yet, the Judges of -Election have certified
and returned that he received 28 votes.
To correct the returns of the Judges of Election in these
several districts, according to the evidence before us of the
legal votes polled therein, and for whom those votes were
polled, it will appear that the petitioner received in the 5th
Election District, 107 votes; in the 8th, 27; in the 10th,
50; making an aggregate in the three districts of 184 votes.
And that Mr. Franklin received in the 5th Election Dis-
trict, 102 votes; in the 8th, 32; in the 10th, 16; making
an aggregate in the three districts of 150 votes.
Yet, according to the returns and certificates of the Judges
of Election in these Districts,—upon which certificates the
Judges of Election at the close of the election made their
returns to His Excellency the Governor. Mr. Franklin ap-
pears to have received in the 5th Election District, 218 votes;
in the 8th, 112; in the 10th, 28; making an aggregate in the
three Districts of 358 votes, 208 of which must have been ille-
gal, and should, therefore, be stricken from his poll and from
the returns.
The returns thus corrected would show that Mr. Frank-
lin received, in Somerset County, 559 legal votes, and did
not receive 707 votes as it was certified to His Excellency
the Governor.
According to the same certificates and returns, the peti-
tioner received in the 5th Election District, 118 votes; in
the 8th Election District 30 votes; in the 10th Election Dis-
trict 51 votes; making an aggregate of 199 votes—being 15
votes more than he has shown, by the evidence, were cast
for him by the legal voters, and which should be stricken
from his poll and the returns, and would reduce his poll in

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Proceedings and Acts of the General Assembly, 1866
Volume 107, Page 1805   View pdf image (33K)
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