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Proceedings and Acts of the General Assembly, 1867
Volume 133, Page 3821   View pdf image (33K)
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are guilty of them dishonor themselves in vain, that the
transient power thus acquired shall be shortlived.

In this connection the majority of your committee would
remark that they do not wish to be understood as implicating
the sitting members in these transactions of the judges in the
districts referred to; or that they took place by their consent
and connivance, although they are constrained by the facts
presented to adopt the conclusion that two of them hold their
seats in this House by virtue of these transactions.

On the contrary, it gives them unfeigned satisfaction
to be able to say that no proof appears to sustain the
specification contained in the sixth count of the contestants'
memorial, "that the sitting members, or some of them, ad-
vised the Judges to exclude persons from voting for contest-
ants. '' Drawn up necessarily with some degree of haste in
order to be within the time limited by law for setting forth
the grounds and giving the notices of contest, while the ex-
citement of the election was still fresh, and the minds of so
many were smarting under a keen sense of the indignity in-
flicted on them, by their unjust exclusion from the polls, it is
not to be wondered at that the charges in the contestants'
memorial are in some few minor particulars more extensive
than the evidence afterwards produced warranted.

In regard to the other charges contained in the memorial
of the contestants, the House will perceive that in the main
they are but a repetition, with specifications, as to places and
districts, of the general charge, contained in the second
count, which has been already considered and discussed with
a reference to the districts in which the majority of your
committee found the charge, to wit: "The exclusion of legal
and qualified voters from the ballot box by the Judges to whom
they offered their ballots, with the names of the contestants
upon them," to be fully sustained.

The majority of your committee, therefore, feel themselves
relieved from the necessity of entering upon a detailed exam-
ination of these more particular specifications of the same
general charge.

There are several points presented in the remaining charges
which are deemed by the majority of your committee as
worthy of consideration and comment.

It is charged in the fourth count that the polls in Districts
Nos. 1 and 4 were held in unusual and improper places, and
that these places were purposely chosen with an improper
bias.

The proof is that the polls of Election District No. 4 were
held at a place where they had never been held before, at a
place notoriously disreputable, whose character is sufficiently
indicated by the name by which it was known in the neigh-
borhood, "The Hole in the Wall;" a drinking saloon in a
cave under a mountain, kept by a man named Powell, who

 

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Proceedings and Acts of the General Assembly, 1867
Volume 133, Page 3821   View pdf image (33K)
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