REPORT OF THE MINORITY OF THE COMMITTEE ON PRIVILEGES AND ELECTIONS IN THE MEDINA CONTEST. IN HOUSE-February 20, 1849. The undersigned, a minority of the committee on Privileges and Elections, have examined the testimony and facts in the case of James A. Bell, contestor for the seat now occupied by James C. Johnson, contestee, member returned from the county of Medina, who has a certificate of election, under which he was qualified, on the first Monday of December, as the Representative from said county. The abstract of votes, as made out and certified by the clerk of the Court of said county, which your committee have examined, show that The two votes that were given for James Bell, the two votes that were given for J. A. Bell, and the one vote that was given for J. H. Bell, were rejected by the judges of the election, as not entitled to be counted for James A. Bell. Your committee would state, that the seat of Mr. Johnson is contested on the ground First. That illegal votes were given for him and counted by the judges of the election. Second. That some legal votes that were given for Mr. Bell, were refused to be counted for him. Third. That certain legal voters offered to vote for Mr. Bell, on the day of the election, whose votes were refused. Your committee will further state, that Mr. Johnson claims that several illegal votes were given and counted for Mr. Bell, and legal votes that should have been counted for himself rejected. A great mass of testimony has been taken upon both sides, some of it entirely foreign to the issue, and much of it that is conflicting. We present to the House the conclusions which we have arrived at in the case, after a careful examination of all the evidence be fore us 1. The majority for James C. Johnson, as shown by the abstract, is three. 2. The number of votes that should have been counted for John son, that were rejected by the judges of the election, is three. One of these three votes was rejected for the reason that the ballot contained the name of "J. C. Johnson;" the other two, upon the ground that the voters had pasted the name of the nominee of one party, for Sheriff, over that of the nominee of the other, and that the ballot consisted of two pieces of paper, and for this reason was rejected. Allowing these votes to Mr. Johnson, which we think the evidence entitles him to, increases his majority to six. 3. The number of votes that were given and counted for Mr. Johnson, that should have been rejected on the ground of illegality, is three. Two of these votes we reject, for the reason that the testimony clearly shows that the voters, at the time they cast the votes, had no legel residence in the township where they voted. The other was the vote of a minor. The number of doubtful votes that were given and counted for Mr." Johnson, amount to four. Your committee have allowed him these votes, for the reason that the testimony is somewhat conflicting and doubtful, and not being in our opinion sufficient to rebut the presumption of law in favor of the legality of the same. The number of legal votes therefore, adding to and taking from, according to the above statement and abstract, which should be counted for James C. Johnson, is 1835. The number of legal votes that should have been counted for James A. Bell, that were rejected by the judges of the election, amount to seven. Two of these votes, as shown by the abstract: were given for James Bell, two for J. A, Bell, and one for J. H. Bell, making, in all, five, and all shown by the testimony to have been in tended by the voter, for James A. Bell; and that no other person by the name of Bell, was a candidate before the people for the office of Representative. The voters who voted these tickets testify themselves as to their intentions. Your committee understand the correct principle in deciding such cases to be, that when the name of the candidate is not written in full, and that if the intention of the voter can be ascertained, either from an inspection of the ballot or the oath of the voter himself, it should, in all cases be counted. One of the other two votes was rejected for the reason, as stated, that the voter was not a legal resident of the township at the time of the election. The deposition of this voter is taken, who testifies that on the day of the election he offered to vote a whig ticket, with the name of James A. Bell, for Representative-that he was a legal resident of the township at the time of the election-testifies as to the length of time he had been in the township, and as to his intentions when he came. of which is corroborated. The testimony not being impeached, and showing as it does that the vote was improperly refused," we have no doubt it should have been counted. All Your committee will state their opinion to be, that when a legal vote is offered at the ballot box and refused, that in case of contest the vote should be counted as against the person whose seat is contested, and not for the purpose of placing the contestor in his seat. But as this does not alter the result, it is immaterial in this case. The other was a vote given for James A. Bell, and put in the ballot box; and on counting out the votes it was ascertained that there were 172 ballots in the box, and 171 names on the poll book. The voter testifies that he voted for James A. Bell, and that his vote was received by the judges and put into the ballot box; which statement is confirmed by the deposition of the judges themselves.The clerk of the election testifies that the name of this voter was neglected to be put upon the poll book; and for this reason this ballot was rejected. The evidence clearly proves that it should have been counted. Your committee find but one doubtful vote that was given for Mr. Bell; and while we allow Mr. Johnson four doubtful votes, we suppose we can, for the same reason given in his case, allow Mr. Bell one. The number of votes, as shown by the abstract as aforesaid, allowed to James A. Bell, is 1,832; to which number should be added 7; making the whole number of votes given for him, 1,839. The whole number of votes given for James C. Johnson, as above stated, is 1,835; leaving a majority for James A. Bell of four. James A. Bell, having received a majority of all the legal votes cast in the county of Medina, at the last October election, for the office of Representative, your committee recommend the adoption of the following resolution: Resolved, That the seat of James C. Johnson, now occupied by him, be vacated, and that James A. Bell be forthwith admitted to the same, as the legally elected member to the House of Representatives from the county of Medina. The undersigned will take this occasion to remark, that they have been solicitous, from the time they were elected members of this committee, to procure an early report upon this case, believing that the public interest would be best subserved by a speedy settlement of this as well as all other contested cases. MILLER PENNINGTON, GEO. HARDESTY. SUPPLEMENT To the Report of the Committee on Privileges and Elections, in the Medina Case. IN HOUSE-February 24, 1849. The majority of the committee on Privileges and Elections, begs leave to report, by way of supplement, in the Medina case, that it is clearly proven (by testimony of John Barnaby and others,) that in the township of York, the contestee is entitled to one more vote than appears upon the abstract, and that the contestor has not, by one, as many votes as were returned for him. This fact is demonstrated by no less than six or seven distinct countings of the ballots. The committee, therefore, credits James A. Bell only one hundred and one (101) votes in that towhship; and gives to James C. Johnson fifty seven (57) votes. This increases the plurality of the sitting member, over the contestor, to FIVE, and the committee asks leave so to amend its former report. And the committee will state that this fact was distinctly ascertained before the report of the 20th instant was drawn up, and that the omission was not discovered until the report had been laid upon the table and printed. All of which is respectfully submitted, NORTON S. TOWNSHEND, G. E. PUGH. |