V- - f i i f I t ft- 1 4 DUNN EDITOR. Til i: r.Lixrrio3f coti:st Judge Wetmore's Decision, in Full. IWRNETTTWP'SVOTETHRQWN OUT JT ASM-IT DKOTiARKD ELECTED. 1 1. W. Au-.l:V, KT AU Vs. Hamiki, It. If AMI. nr. In the Court of ( 'nmmon Pleas of Forest CoimiT. In considering the quetlions iuvolr oil in this icsuc, our attention is firat directed to the Township of Baruett. The Tote in that township at the Nov ember election, as returned, shotrt that 83 ballots wero cast for J. U. Agnew, mill that H5 ballots wero cast for Samuel II. Haslet, thus showing a majority or fitly votes for Agnew. The TJtli specification in the mnner .!' ai ii.e! j J. H i.!, r, 'ho i l nr, aiate. "That in the Township of Barnett the election va wholly illegal and mid. nnd tho total returns thereof should bo rejected from the count, for the reason that tho election wai lild at the school house in Clarington, in stead of the Murray houso which was the place fixed by law ; that the said school house is some eighty rods dis tant from tlio Murray house, and there was no sufiicient rousmi why tho flection should not have been held at 4ho i. lace fixed bv law. Neither is vv. u. the B!'ho l house the nearest and most convenient place adjoining thereto Swhcrc tho election might have been . The statement of facts in relation t.Vhis tovriiehip, as gathered from the tiilence are ns follow: The Act of loth April, 1835, sec tion CI, Pamphlet Laws 1834-5 page -S37, enacts That the electors of the township of Hurneit, in the comity of JelK-rsoi), shall hereafter hold their lections at tho house of Alexander Murray-, in said township. Uy a joint resolution of the Legis lature, approved April 11, 1818, For nt Coiinlv was erected out of nans of Jefferson County. See same Pamphlet Laws 1851, pages 744 and 745, as thus rented tho whole of Barnett township was in Forest County. The third section of said joint reso lution is as follows : liciolccd. That until said County shall be orgauized for judicial and county purposes, it shall remuinat tachod to Jefferson county for such purposes, and elections shall be held in the townships as they now are, without reference to the lines of the said new county, and the returns (u.uifc a.- heretofore, to Jefferson Coun- Thi Act oi'5th April, 1849, Pamph let i-j, o58, fixes the times for hold ing Courts in Fore.st County. The Act of April 3d, 1851, sections 7 and 10, Pamphlet Laws 337, re quires the election of County officers. The Act of 2d April, 1850, section Sd,, enacts, That tho north bank of the Clarion iver at high water , dihtS, iVoLi where the west.iiueof Elk XJouuty crosses said river to the place where the cstt line of Clariou Couuty orr.fs-es sni J rivor is hereby declared a u mnda the south boundary of For- est County. Pamphlet Laws of 1850, jiaye'SlS. Tho Clarion ; cr, as appears by jifti Jlico to a map of the state, runs easterly aud westerly through Bar nett towuship, and the portion of said township on tho north bide of the riv--jr ruiiiius in Forest County, aud that .iari uf 6uid township on the south siJe of the river is, by this change of jl)u lines of t!y$ County of Forest, iu the County of J!ieron. The Act of 21st April, 1854, sec tion 2d, Pampblfot Laws page 446, enacts, That Troni and aiUr tl:o pas tM'ige of this Act, it shul be lawful for the qualified voters of Bn '.ctt Town ship, Jefferson County, ,o hold their general aud lowmhip electiou at tho houso of Orriii Butterfield, iu said. lwiiihip. ' The parol evidence taken by J. II. Donley, Coiuinusiouer, in relation to 1' -luett township, is substantially as follows : Jstiie Brandon, sworn, saye, lie has resided there over 30 years. When' he fir?t settled thcro thJ elections were held at the Murray house. The man's namo was Alexander Murray. It was in .Tefleraon County. They held the elections in lha, house until 1853 or 1854. They built a new house on same lot 3 to 6 rods front eld one. The elections were first held in the old house aud then moved to the new one. The elections were held in November last at the school house, not quite one fourth of a mile from" the Murray house. The new houso was built af ter the death of Alexander Murray by Ormal Thing, who lived there after wards with Mrs. Murray, and the house was sometimes called Thing's hotel. The Murray house is and was located on Water street facing the river. 1 he place for holding the elec tions was removed from Thiug'a hotel to au office Dr, Baker built, where Mm. Shields now lives. Tbie was done in 1854 or 1855 or 1856, and the election was held there one year. The roid then running up the river iiow runs back by the school house, and that ia the main road. The election was moved from the Dr. Baker office to the old school house, and when the old ichoel house was torn down a new one was built near it, aud the elections held there There is a road adjoining the Murray lot that runs up to the school house, The new Murray house was only oc cupied a your or two for holding elec tions. There tire six heuscs between tho Murrar-Jiouse and the school house. Win. Shield?, sworn, says, Resides in Clariuglon, Bnrnett township, For est Couuty, and has resided thore since May 1851. Tho election was held at the Murray house when Pierce was elected President. This was in 1852. The election was held last fall at the school house. It is near one fourth of a mile from the Murray house. First attended the electiou at tho Murray house in 1852. This was held in the new Murray houso. It was not completed. Archibald Black, sworn said, First voted in Barnett township, in 1845, in the old Murray house. Voted at the school house in November last. SjIiooI house 60 te 80 rods uiuro or less from Murray house. After they left the Murray house elections held foe two years that he recollects in of fice of Dr. Baker. It was built for Dector's office. The old Murray h9U80 wu8 Souo befonj 1851 or 1852' and tho new one built on the lot Ormal Thing buiit the new house, and ho and the Widow Murray kept it. It was a public house. The place for holding the elections was taken from Dr. Baker's office to tho school house bet Aon 1850 and 1854. The eld schootfaouse was takeu dusrn and a new one built near it, aud Ihe elec tion was held there last fall. James P. Black, sworn, said, Mov ed to Barnett township iu tho fall of 1850; (list voted iu 1851 at the Mur ray house. Cannot say whether the new building was upon it. Think the electiou was held iu the new building. Thiuk election was held at Dr. Bak er's office in 1854. Solomon Fitzgerald, sworn, says, Besides in Baruett township. Was there at the election iu Nvein her last, at the school house at Clariugtou. .Suppose it about one fourth of a mile frmn Murray fuuse. Isaac Long, snorn, says, In the fall of '54 the election was held in the of fice belonging to Dr. Baker, aud iu tpri:i of 1335 tho electiou was held at tho school house The old Murray house was iu Forest Couuty. The foregoing evidence was by wit nesses produced by Samuel II. Haslet. The following evidence was by wit nesses produced by the petitioner, plaintiff. W. R. Coon, sworn, bays, Moved iu Barnett towotbip in 1839. It was theu in JefTerson County. Electiou was held at the Murray houue. The Thing hotel was built next this house, and it was then torn down; think in 1851. Thiuk election held in 1852 iu It. Baker's office. About 59 rods more or less from where Murray bcise originally stood. Do not recol lect that the election was ever held iu the new Murray house, called Thing'a hotel. We wauted to hold it there aud he refused to let us have it. IIld the election at Baker's oSce once. I thiuk iu 1852. The election was next neld in school house No. 1, called Clarington school houae. A now school house was built near old oue, uud partly on tame lot, aud the last election in November was held there. They petitioned the Legiila turo to hold the election in the school houe, and after that it was held there. This is about 70 rods from where Murray hoiiyo stood. ' The nearest houso. they could get to Ihe Murray house was the eifioo of Dr. Baker, and that was g.-t for one year. They then petitioned for the schvol house. The sheriff's proclamation fixes the Clarington school house, Barnett town ship as the place for holding the gen eral elections iu 187C. The conclusions of fact, drawn from the evidence are briefly as follows: ItrsfV On the 15th of April 1835, the house of Alexander Murray was fixed bv the Legislature as the place for holdiig the elections for Baruett tows' ship, then ia JefTerson County. Second. On the 11th of April, 1848, Forest County was erected from part of JefTerson County, and the whele of Barnett township was then included io Forest County, and was located on both the north aud south side of the Clarion river, said river passing in an easterly and westerly direction through the township. TIdrd. On the 2d of April 1850 the north bank of the Clarien river at high water mark was made the south boundary of Forest Couuty in Bar nett tewnship. This Act of the Legislature divided tho township, and that part of the same south of the river was in JefTer son County, and the balance of the township, uerth of the river remained in Forest County. Fourth. Tho Act of 21st April, 1854 fixed the house of Orriu Butterfield as the place ir holding the elections in Barnett township, Jefferson County. This left the house of Alexander Mur ray on the north side of the Clariou river iu Barnett tewnship, Forest County, designated by the Act of 15th of April, 1835, as still the dace for holding the elections in that town ship. Fifth. The elections were hld at this house until 1851 or 1852, when, aftlr the death of Murray, a ncu house was erected ou the lot near the site of the old one, and was kept by the Widow Murray and a mau (15 the name of Thing. Several of the wit nesses state that the electiea was held at the new Murray house in 1852, but W. IL Coon sars ht thinks that when they changed from the old Murray house it was to the office of Dr. Bak er,'iuid that they wanted to hold the election in tho Murray house and were refused. The electiou was held at the office of Dr. Baker for one or two years. This was about fifty rods from the Murray house. There were several other houses, 3 to C, between the Murray house and the scnool house, but whether suitable as places for holding elections, or whether they could be obtained for that purpose the evidence dues net disclose. After the petition was sent to the Legislature asking that the ac'ieol house be made the place for holding the elections, they were held there; first in the eld schoel house, and after wards in the new one near by it. The legal rules bearing on the facts have received our careful and consid erate attention. The election in November last was not held at the place designated by law for the same. When the old Murray house went down, the new one, built on the same lot ani kept by the widow of Murray and Thing, ws the legal aud proper place for hcldicg the election. The preponderance of the evidence shows that the elections were held for a yar or two ia the new house when the place was changed to the office of Dr. Baker. We have not satisfactory teasons given for the change. The election officers who made it have not stated why it was doue, and Mr. Couu does not give tho fhetd with sufficient detail and pr cisiou to onable us to arrive at a satis factory result. - The chalice from Dr. Baker's .office to the school house was because they had petitioned U the Legislature for it, aud afterwards held the election as though the Legislature had by law fix ed the school house as tho place. There were two changes made from the place fixsd by law, 1st, to the vf fice of Dr. Baker, and 2d, to the ichoc! houte, aud uo authority La bva shewa by act of the Lt-;i!uturc or by order of the ccurt for matiiag these changed. Neither does the evidence disclo.t iliut coutruliiug ueewtsity to Lave exibteJ which might create a le gal excuse for the change;. Iu Meliou's Appeal, 18 P. F. Smith 3.33, tho elections iu two townships were held iu places othr than those Appointed by law, nnd Thompson, C. J., in delivering the opinion of the Court, says : "The place for holding the general elections in this Cominuu wealth have always been fixed either directly by the Legislature or by the court under authority given by the Legislature, or by a vote of the people under the Act of 20th of April, 1854. Hundreds of acts in our statute books fully attest the legislative supervision of the ap pointment of places for holding gene ral elections, and it is extended to all possible coatingencies which nay oc cur; for instanco, when a particular building is designated as the place for holding tho elections in a township or district, and is destroyed, changed or altered so as to be unsuited for the purpose, another place must be assign ed bv the proncr court, subject to the action of the Electors under the Act of 1854. See Act of 17th April 1866. Even in case of the existence of a con tagious disease, rendering a change necessary, the place for holding the electiou must be designated by the Governor, and notice thereof given by tho sheriff, at least seven days be fore the day of the election. See 94th section of the Act of 2d July, 1839. "Can it therefore be maintained in view of these provisions of law that the place fired fer holding elections are merely dire ctcry, and may be disre garded by the election officers, without auy other effect on the poll than that which takes place iu all regularly de fined districts? Wo assuredly thiuk not. What is the meaning of the re quirements in the Act ui 1839 of the notice to be given by the sheriff by proclamation, of the time end place of holding the general election, if not to notify voters where they are to assem He for the purpose of voting TbisJ uuiv is manuniury upou ine snerui. A fixed place, it seems to me is as ab solutely a requisite according to the election laws as is the time e! voting. The holding of elections at the place fixed hj law is Dot directory, it is man datory, and cannot be omitted without error. I will not say that iu case of the destruction of a designated buil ding ou the eve of an election, the elec tiou might not be held on thB same or contiguous jrouuds as a matter of ne cessity. NcctwitatnonhabetlctjaH. But then tho necessity must be absolute, discardiug all idea of convenience. It is not, however, necessary to adjudi cate authoritatively as to this. To removo the place of au election three miles from that designated by law, or from a village aid across a considera ble stream, n half A mile or more dis tant from the village where itoug'stto have been held, or. from a designated school house to a vacant house more thau half a nile distant therefrom, without authority or any absolutely controlling circumstances, must render the election therein void, and' if the vote takcu be counted, constitutes an undue election. This was decided by a committee of the House of Repre sentatives of this State, iu setting aside the election returns from Potter coun ty, which gave the seat to the contest ing member. "The sole ground was that the elec tion had been held at a place uot fixed by law, in one of the townships in the couuty, but io another place. House Journal 1856, page 204. This was net a decision by the Houso in its politi cal character, a suggested, but by a committee in a judicial character. There were cue or more distinguished lawyers upon it. Indeed, the election laws are generally as well understood by laymen in the country as by law yers, and it is no argument against the decision that laymen were f the com mittee. By the 15th section of the Act of July, 1839, the inspectors and judges are required to meet at their respective places appointed Tor holding the elections in the district to which they respectively belong, tc. Where is there any authority for meeting else where ? I find uone. But this was disregarded as to the place fixed in the case iu haud, without even au attempt to show an overruling necessity justi fying it, if wc iiiigttt conclude that that niignt justify it, It seems to u.o that if the judges could carry and hold the elections in districts half a mils distant from the appoiuted place, they might carry and hold them three miles, as they di-1 in one district complained of, and if they might go three miles dis tant, as they did in one district, they might without altering the principle of action in the least, go ten. It would assuredly inaugurate a fruitful souice of fraud aud furnish a most fertile field for litigation. We canuot give our consent to any such practise." The opinion by Trunkey, P. J., in Msrk et al. vs. John- Park, delivered July 9, 1875, is to the same effect. Their school bouse in Plum township was removed and used for private pur poser, aud the election v s held in a new school houso .bout 80 rods dis- Ntaot without fetal authority for the chaugo, ai.d this whs declarrd illegal. We hiYi. given much of the opinion ia tho cute tf Melon's appeal because ice fct aud reasoning are applicable to tl.o cat- btfor us. Il may l o said the Shri3 's proela raation fixed the Clarington school houte as the place. It is tho duty of the sheriff to give notice of tho gene ral electiou, and in the advertisement he. shall 1st, cnurueralo tho officers to be elected ; 2d, designate tho place where the election is to be held, Ac. The error in the notice given by the sheriff as to the plae where the elec tion was to be held, could not chango the place fixed by law, and can not therefore affect the question raised in this case. If no place for the election had been designated by the authorities whose duty it is to appoint the same, and the citizens, whose right to vote is guar anteed by the constitution had attend-! ed and voted for necessary couuty and State officers at a time and place fixed by the sheriff's proclamation, a differ ent question would be presented. We can not distinguish the present case from Melion's appeal, aud by the rules of law there announced, we are compelled to the conclusion that under the evidence taken, specification No. 13, in the answer of Samuel II. Haslet, the defendant, is sustained, and that the election in said township for Mem ber of the Legislature was wholly ille gal and void, and is therefore rejected from the count. The rejection ef the vole of Barnett township renders it unnecessary to cmsidtr tho other issues raiod by the complaint and answer, ns their decis ion would not alter the result. This was conceded in the argument by the counsel for the resjective parties. . Our conclusion of law from the facts in evidence, is, that Samuel II. Haslet, the defendant, received the greater number of lecal votes, and is entitiea t0 t,e certificate of election. Attorney for Petitioners excepts to the opinion of the Court in this case L. D. WfcTMORK, Feb. 2G, 1877. President Judge. We will pny cash on delivery at our mill in Tionesta, for white oak stavo and heading bolts at the follow ing prices : Stave bolts, 35 inches long, per cord of 8 ft. by 4 ft., $4.50. Heading bolts 22 inches long, per cord of 8 ft. by 4 ft., $4.00. Heading bolts must be niado from timber at least 20 ) inches in diameter. House. J. 27tf Offico at ' Lawrence H. Dkhickson fc Co. Joints and Muscles, Stiff and pain ful with rheumatism and gout, are promptly relieved by Glenu's 8ul phur Soap. Local diseases of the skin and defects of thecoraplexion are ako remedied by this standard article. Depot Crittenton's No. 7 Sixth Ave nue, New York. Hill Hair A Whis ker Dye, black or brown, 50 cts. 43-4t TIONIiWTA MAltltKTH, CORRECTED EYERY TUESDAY, By Robinson & Bonner, Dealers in General Merchandise. Flour $ barrel Flour S sack ... Corn Meal, 100 frs Chop feed - ltye $ bushel Oats bushel ... Corn, ears Henna $ bunhel - Ham, sugar enred - Breakout ltacon, sugar cured Bhouldera Whltofish, half-barrole Lake herring lialf-barrels Sugar ..... Syrup N. O. Mokviucs ... Roatt Rio Ooffos Mo. 1 Itio Coffee, .... Java Coffe ... Te - Huttr --"- Ivite Salt Lard Iron, common bar N'aiU, lOd, V keg Potatoes, .... LimobM. ... 7.S58.75 1.0502.15 1.75 1.90 fl.50l.G0 75$80 CO - 40 $45 l.t0(42.50 141 - - 141 10 . 6.50 4.00 111 121 76 1.00 - 76QtH) 25 3.1 - 2GQH28 . .45(31.00 . 2AQ30 10 18320 2.0u3'&l0 ' . 1(415 - B.75 . . 1.50 .. 80ft 1.00 . - l.ro - 6Q8 18(418 I . Iriil Apples per tb Dried Bt.ef $777 r , ed In tlioae timed itm in throe mouth V.rither Kex. in v who la willing to work iv part of tf tsadily jrtio Atiplornietit that we fur- nili. KkT Lr week in You uood not bo aw-ay from' home over night. You can jjlve yeur wholo time to tho work or only your njmre momenta. It conts notbiK to try the busine. Term nd5 0uttt free. AoMre.s at once. 11. 1 1 allk ; " t Co., Portland, M.iue. 44-ly f OFFICIAL HISTORY OF THE Al (jOITEH'L EXHIBITION H (lulls fanter than any oter Ijook. f'no Agont sold 34 eojiiea iu one day. ThU la the nly authentic and complt hUtory pwblitl'sd. Hnd for our eatra tonus to afir!, N atioxaL l'L ctisuiNU Co., Phil adelphia, Pa. 34-4 15QQ A M("I'H (o Actire Men selling '"u" our 1'tUr Copylug Book. No pretm or water iistnl. sample wortu f-1 no ir'e Solid stamp fir HrvuUr. LXCKIAIOR M'F'O (.'., lt Madi-on, au4 YU rrOorc f.'treyl, .hh 4M ar.o. r. 1 THIS I'Arr.R IS OTf TII.K WITH . ' AdVrttitag Contract can uumU. CCC a week in your own town. 'iVrin OU and fc outfit fr-e. II. IIALLKTT & CO., Portland, M ino. 4." 4 &2300 A YEA It. AO ENTS WANT ED on our Combination Troii pecttiH, representing 150 DISTINCT ROOKS? wanted everywhere. Tho Biggest Thing Ever Tried. Sales mado from thin when all Binglo Honk fail. Also, Agents want ed on our Magnificent Eninily Bibles. Superior to ail others. With i'nvalnablw Illustrated Aids and Superb Binding'. ThptiO Books bent tho world. Eull pnrtie nUrnfroe. Address JOHN K. l'OTTEIt A CO., PJdhulelphU!,. tJTO QryryK v-rok'Yo ArVuU. $10 S ) tJc-t P I I Outfit 1- reo. T. O. Vick ory, Augusta, Me. 4j-H CjlQ a day at home. Agents wanted. tJMw outfit nnd term free TRUE A, CO., Augusta, Maine. 45-4 'JUS"" i oua ' PrlewjCttaloguf f rr I'-W Ttrietfe, of TjarflM, fielufc nmi SceJsr B1!iT(f Floctn, Roses, Sra., T1 A LUCRATIVE BUSINESS. V-S-WK WANT 500 MORE FIRST CIiASS SEWING MACHINE A (J ENTS, and 500 men of energy nod nbility to learn the htigincHM of selling Sewing Mnchines. COMPENSATION LIBERA but Tarr ing aceordlng to ability, character nud qualifications ef tho ageit. i-'or particu lars addrofs Wilson Sewing Murhiiie To., Chicago, 8-7 and 820 Broadway, Nt. w York, or New Orleans, La. 4V4 a K Extra Fine mixed cards, with name, -v U 10 eenta, post paid. L. Jones A Co., Nassau, N. Y. 4" 4 $5" O COO Per Day ut homo, isaruple H 4U wortli M free Stinsox 6c 4i-4 Co, Portland Maine. Oft Mixed Cards, with name, lOcts. Sam pies for 3 ct. stai lp. J. Minklkii A Co., Nassau, N. Y. 45-4 T Extra Fine Cards, no two alike, with uJ nnme, 10 cts. J. K. H ARDER, Mal don Bridge, N. Y. 45-4 3ST :e -w Furniture Rooms! The undersigned begs lavo to inform the citizens of Tionesta, and the public in general, that ho has opened a VA'.VJ Cl.AHX FUliXITUJUC fiiTOEE, in hia now building at ihe Junction of Elm St. and tiie Dutch Hill road, whero ho keeps on hand a largo assortment of FURNITURE, Consisting in part of Wttlnnt Parlor Sets, Cham bor SoU, Cone Seat Chairs, Wood Seat Chairs, Rooking Chair Dining Tables, Extension Tables, Marlut. i'a Tables, Kitchen Furniture, BureuiiM, Bcdateads, Waslistands, Lounge". Muitreasea, Cupboards, Book Cu.'.ok, Fancy Itracketa, IiOoking (ilafcies, Picture Frames, and PICTUKES FKAMED. ALSO. SASH &o DOORS always on hand. Ilia rooma boing large, and w ell situat ed ho Is prepared to olli-r .upe'rior liulucn ments to purchasers. Cull and examine his stork luid jiriocs, and be convinced UUDERTAKIIia; A full' assortment r Colli ns and Casket constantly i sior. 23 ly A. U. PARTRIDCE. The Little Uh l uu Vin t Stiiitit ItAILWAY -.HAS- FOB SALE Fanning TjiihIs, Oraxing Lands, Fru't Vine Lands, Coal Lands .Vtxxl IjjmiIs. some Pi uirio T.nnds," B.tuvui LamN, and Uplands, on terms "o suit tho purchaser. Bix jut i-ent. intorest on deferral pv loents. Ten per cent, disi-ount for eaKh, For lull p&rtit-aUrs, nihps aud pamphlet, apply to W. D. SLACK, ljind toiuiuni ainer, Little Rook, Arkansas. 41 i JIJfHYCn to koII to MorvU; it All I LU $!K) a nxnlh and travel HenMM paid. lciu M'tJ. C'o., bt. y Mo. Si 9 IJ OB WORK ut!y exeJUtol at r .JTflWCjiKttsw fl M T T S If- J sj k ST B r a ones tm NO J i j """ i h i 'i n K' A