Indiana American, Volume 9, Number 37, Brookville, Franklin County, 30 September 1870 — Page 1

PUBLISHED EVERT FRIDAY BY C. II. B I N G II M , Proprietor.

Office In the National Bank. Building, (Third Story.) TERMS OF SUBSCRIPTION: $2.50 PER YE Alt, i artancs $3.00 " " 1 WOT PAID IN ADTAKCR No postage on papers delivered within this County. -""flSS";-' .B.Vr.J W."1ll 11.1.1 ii hi mm ii HooflahiTs Ueiniaii Bitters, -4 Bitters tcithout Alcohol r Spirits of any kind. Ts different from all others, ft is eomnnsed of the '

pure juices of tital principle op Roots, Ukrbs, i tained from Juniper Berries; very little sugar is and Barks (or as medicinally termed, extracts),!... , , ,, . .. T. . the worths or inert porFions of the inX ' used, and a small porfon of sp.nt. It is more not being used. Therefore, in one bottle of this ', Ptable than any now used. Bitters there is contained as mu.h medical virtue! Buchu, as prepared by Druggists, is of a dark a will be found in several gallons of ordinary , T. . , ... I ... , mixtures. The Root?, Ac, used in this Buters . - 11 r'ant that emits its fragrance ; the nre jrrown in Uermany, their vital principles ex- j clion of a flame destroys this (its active prineitr.icted in that country by a scientific Chemist j pie) leaving a dark and glutinous decoction. ,,1 f-rrded to the manufactory in this city, J Mine is lhe coIor oringredient8. The Buchu in where they are compounded ai,d bottled. Con- i Milling no spirituous in.r-sdieats, this liitter is i my rroParatinn predominates; the Rmalest quanfroft fro.n the olijecriong urged against all others; tity of the other ingredients are added, to pre1,0 desire for stioiulint? tan be intluccd from their vent fermentation; upon inspection it will be use: they ennot make drunkards, and cannot, 'c ji.it-. , . . ,,,,;., . ' 7 , . " 'found not to be a Tincture, as made tn pharmaun ler any circumstances, have any but a beneficial 1 Tfsiilt. copcea, nor is it a syrup and therefore can be Hooiland's Gorman Tonic 1 VU:r"l

bitters, and is intended for ue in cases when . me alcoholic stimulant is required in couneetion with the Tonic propetties of the Bitters. Each buttle of the Tonic contains one bottle ef the Bitters, combined with pure Santa Ckuz Uv, and U.ivored in such a manner thvt the extreme bitternes of the Biturs is overcome, farming a preparation highly agreeable and pleasant to the ji-il.itp, and containing t!e medicinal virtues of the Bitters. Tha price of the Tonic is f 1.50 per buttle, which many persons think toa hih. They must take in to consideration that tha stimulant used is guaranteed to be of a pure quality. A poor article con 1. 1 be furnished at a cheaper price, i but is it not better to pay a little more and have 1 n g od article? A medicinal preparation should! contain none but the best ingredients, and they ! who expect to tihtiia a cheap compound will mo;t j Cfrtinlv be cheated. ! They are the Greatest Known jemedres 1 or MVKIt I'OMI'HIXT. 1) VS I'KPS I A . NKH- I vou i !: u i l i r v . J a i: n i c k . i is bask OF T.'IK KIDSEYS, ERUPTIONS OF T H K KKIN, and all diseases ari- !); from a disordT.d bivcr, Stoiaaeh, or l.MrilUTV OK T i : K B l,00 D. IX.ad the following symptoms: Constipation, Flatulence, Inward PUf, r.-'--tie? of BU. I to the Head, A :idty of th? Stomach, Naiioea. Heart-burn, l'iseust for Food Fulni or Wtiirht in the Stomach. Sour I ru-tarions. ' r-inkm? or Fluttering a t the Pit of the Stomach. .. r i, ii.i ii - i , ! Mnimmin ot toe Head, Hurried or DiCioult Hroathinjr, Fluttering at the Heart, Choking or i-'uRocating Sensations is lien in a Lying Posture Bituness of Vision, l.'ois or WeVis belore the Sijrht, Dll Pain in the Head, Deficiency of Terspiration, Veil nvtiess of t!; Skin anil Eyes, Fain in the Side, Back, Cho.'t, Liai'is, .c, Su Men Flushes of llojit, Burning in the F.'esh, Oonstatit ! Imagining f Evil, an ltirp.it Depression ol Spirits. All these in die ate Di.-ea -e of the Uvet ! or Digestive Orga.s comfciaei with im ure ' bl.oj. 1 The use of the Bitter or Tonic will soon cau'a the above symptoms to disappear, an the patient I will become wel! r, i h pi1 th v I DR. UttOFLAMVS GRKEK OIL, J' ;!t .'inn: g Cure for All Ki,i h ot Pains ( Aehrs. A.r,.,,.- i.xrrRNAT.-.v. it w.l! cure all k:n4s ; oil.iinsand Ac jcs. su 'h as Kheumatism, Ncur!gia, Toothache, CUilblains, Sprains, Bruises, I r-ist p,i;Cs, Headaches, Pains in the Back Rtid l.i ins, P.iins in the Joints or Lim'oi, Stitgs of Incis. Ringworms, etc. Tasks I xtern ai.lt. It will euro Kidncv c, on plaints, Backichcs, Sick Headache. Coliu, Bysentcry, Diarrhtiea, Cholera Inlatitn.n, Cholera Morbus, Cramps and Pains in the Stomach, Fevei id Ague, Coughs, Colds, Asthma, etc. Hi.. f!i)!)FMnS l01f'Hi!TMJ.V OR SFBsriTLTE FOR MKHU'UY PILL. TWO PILLS A DOSE. Iff mist powerful, yet innocent, Veffelahl., Cathartic known. It is nit necessary ti take a handful of these f iils to produce the desired effect; two of them set qui-kty and powerfully, cleansing the Liver, Stomach, and .BoweN of all impurities. The r""ci al ingredient is Podophyllin, or the Aleok"Uc Extract of Mandrake, which is by rotnj .ncs more Powerf.,1, Acting and Searching, than Mandrake itself. Its peculiar action is upon !ie Liver, cleaning it speedily from all obstruens, with all the power of Mercury, yet free. ff" the injarioat Results attached to the use o l"t mineral. . rorall diseases, ia whiah the use of a eath-M-tie Vacated, these PUlrwill give entire satisfae"B in very ease. They never fail. casts of L irer Complaint, Dyspapsia, and lire Costiveness. Dr. Uooft.in.l's Herman Bit!r?r Tonic tou!d be used in connection with rilla. The tonic effect of the Bitters or Tonie Wis up the tysteu. The Bitters or Tonic " ,he Blood, strengthens the nerves, regu- , ej ,'se Liver, and gives strength, energy and Keep your Bowels active with the Pills, and djBe uf the 'ystera with Bitters or Tonic, aad co e' can retain Its hold, or evr assail you. These medieires are sold by all Druggists and (,1ers in medicines everywhere. RReeI!ect that it is Da. Hoofi.asd's Gkrmas t,f"it, that are so universally used and highJfoe.uimended; and do not allow the Druggist "aducejou to take anything else that he may Jst as good, because ee makes a larger P'("t on it. These Remedies wilt be sent by Kxr'eto (,ny locality, upon application to the C)JpClru- OFFICE, at the GERMAN MEDIlAEM0RE, 6il ARCH STREET, PUILACELPin.. HI AS. M. EVANS, Proprietor. Formerly C. M JACKSON & CO. Ibcte Remedies are for Sale by Druggists, l,rtxepcrs,and Medicine Dealers, everywhere rohoat the United States, Canadat, Seth nd the West Iadieer.

VOL. 9, NO. 37. To Physicians. K( Tors, August 15th,- 18Si. -Allow m to call yur attention t my preparation of Compound Extract 33 "CF 3 3E3C "O" - CCBEBS, The component parti are BIT C HTJ, Loso Lkif, , JUNIPER BERRIhS. Mods of Prkpabatioh. Buchu, In vacuo. Juniper Berries, by distillation, to form a fine Gin. Cubebes extracted by displacement with spirits obents and the mode of preparation . Hoping that you will favor it with a trial, and that upon inspection, it will meet with your approbation , Vi'ith a feeling of ccnS lenee, I am, very respectfully, II. T. HKLMBOLD, Chemist and Druggist of 16 Years Experience. From tho larjtst Mnufienring Chemist in the World. NoTKMnKB 4, 1854. "I am acquainted' with Mr H. T. Helmbold ; b occupied the Dm Store opposite my residence, and was successful ia conducting the business where others had not been equally so before bim. I ha-.-e been taovrably impressed with his character and enterprise." WILLIAM WEIGHT MAX, Firm of Powers A NTeijjhtman, Manufactuing Chemists Ninth aud Brown Streets, riiil.ide!jhi. ITki.mrold's Fi.r.o Extract BrcHtfor weakness aris:n? from indiscretion. The exhausted powers of nature which are accompanied by so many alarmine symptoms, anion; which will be found, " ' 1 saisposumn to Exertion, uoss ot Memory, Wakefulness, Horror of Disease, or Forebodings ! of Evil : in fact, Universal Lassitude, Prostration . a n d i nabilit; to eater into tho enjoyments of society. -he constitution, ence afTcted with Organic nesa, requires the aid of Me Heine to 8tronKt' pn nA invigorate the system, which H K1.SI HOLD'S EXTRACT BICIIU invariably docs. If no treatment is submitted to, C.:iDr insanity ensues. Um.MBit.n's Ft.cto Ettract P.rrr.c, ia affections peculiar to Fanales, is unequalled by any other preparation, as in Chloi .sis , or Retention, P.iinfulncss or Suppression of Customary Evaeuationii, Ulcerated or Sciirrus State -f th Items, and oil complaintsincilcnt to the sex, or the decline or chtnge of life. ViD Extract BtrnV axd Improvro Rosr Wash will radically exterminate from system diseases arising trom habits of dissipation , at little expense, little or no change in diet, no inconvenience or exposure ;completoly supersedieg those unpleasant and dangerous remedies, Copaiva and Mercury, in all ih.se diseases. Use IIki.mrolp's Flcio Extract Bccht in all disease of these organs, whether existin g in male or female, from whatever cause originating, and no matterhow long standing. It is pleasant in taste and odor, "immediate" inaction, and more st re- - then in g than any of the.preparations of Bark n. T rse suffering from broken-do wn or deliaate in itutions, procure the teuaedy at once. The reader must be aware that, however slight may be the attack of the above diseases, it is certain to affect the bodily health aud mental powers. All the above d;seases require the aid ef a Diuretic. II ELMBOLD'S EXTRACT BUCUUis the great Diuretic. Sold by Druggists everywhere. Prick $1,25 per bottle, or 6 bottles for fil, art. Delivered to any address. Describe symptoms in all cojimanications. Address II. T. HELMBOLD, Drug and Chemical Warehouse, 594 Broadway, N. Yi TVJONE ARE GENUt.SE UNLESS DONE UP in steel-engraved wrapper, with fae-simile of my Chemical Warehouse, and signed jun 24-J H. t. HELMB0LD.

"THE UNION, THE CONSTITUTION, AND THE ENFORCEMENT OF THE LAWS

BROOK VTLLE. J. S- REID vs. G. W. JULIAN. Mr. Cessna, from the Committee on Elections, made the following Report. The first charge of the contestant is, an allegation that he, the contestant.- Mr. lieid, was duly elected by a majority ot legal votes cast at said election, and are as follows: "2. Because that in Wayne Uounty the (Jlerk of said county certified to the Secretary of titate that you had received in said county at said election 4,011 votes, and that 1 had received 2,158, whereas, in truth and in fact you received -4,31(3, while I received 2,834 votes for Congress, as is shown by the returns of the several io)l-books, tally papers, and abstract of canvasera of said county of Wayne, and State of iudiaua. making a difference in my behalf of 201 votes." 'b'. because the board of canvassers of the county of Wayne illegally and without right rejected and refused to count aud certify the poll and vote of the south precinct of Wayne township, in Wayne County, which had been lawfully return, ed to the board of canvassers of'sai county by the inspector and judges of said ore cinct; rejecting and refusing to receive" 1,151 votes lawfully voted at t-aid precinct, w4iich I received 57u votes aud you received -475 votes tor Cougres.'' The third specification of contestant is as follows: "3. Because the Inspector and Judges of Washington Township, in Wayne County, Indiana, illegally and without right rejected and refused to count in iu my behalf tickets printed and voted for uic under the description of Jrhn iS. iitcd, which ought to have been received and counted for me under this name.'' The fourth speciticttion of the contestant may be considered at the same time with the seventh, as they relate to Hie same issue, to wit: the voting at the nor;li poll of Wayne l'offusliip in Wayne UouuThe fifth specification is as follows: "5, Because the Judges and Inspector of Clay Tow uship, iu Wayne County, 1 ti diana, illegally and without right rejected aud refused to count in my behalf cer - tain ticKeis prititcd and voted for me under the namo aud description ot John ft. lited, which ouiiht to have bcc-u received and counted tor me under tins name." The eighth specification relates to an alleged miscount of forty votes, iai oroiurl y kept from itetd iu llush county, but as ! been taken on ! uo proof appears to have this point, this specification is dismissed. 'ihe ninth specification is as fellows: j "J. Because the Clerk of Union County ' certified to the Secretary of S;ate that you received bt2 votes in that county, aud that 1 received in that county i!d7 votes; wheieas, 1 received iu that county b!U votes, the same being an error ot twelve votes in my favor, as is shown by the returns of the board of canvassers and tally apers of said couuty." In reply, the contestee, Mr. Julian, makes answer to the foregoing as follows: t hat the said J uiian was duly elected by seven bundled majority. lie makes reply to the second and sixth specifications ot the contestant as follows: "And for further answer to the second, sixth, and seventh causes assigned for said contest, lhe said respondent says that at said ckctiou, at the uorth precinct in Wajiie Township, eleven hundred and twelve (1,1 votes were polled for this respondent, aud tour hundred and tveuty seveti (427) votes tor the contestant, me registry of the votes for said precinct having been legally and regularly made, and the election thereat being legally oouducted iu ah things, aud the vutes mveu to this lespotideul beinx legal tliere ly iven: and at the souih precinct in said township, sis hundred legal votes were polled and sixty ouj for this resiMiudeut, and five hundred and twenty two (5J2) tor the contestant, though it is true ihat there were counted, as having been voted at said south preeioct, four bandied and seven;) -five (475) only for this re. spondent, aud six hundred aud seventysix (U7u) voles for the contestant. But this respondent, in this couueciioti, alleges it to be true that said. vote, so taku at said south pteciuct, was illegal, unauthorised, fraudulent, and void, aud was correctly so held by the board of canvassers of Wayne county, aud by said board prop ei ly rejected, and was not couuted as loiiuiug any part of the legal vote polled at said township of Wayne, iu this, to-wit: "1. There was no registry for said piecinct of the legal voteis resideut therein. "2. The o Ulcers conducting the election at said precinct were not resideuts wnhin the limits of lhe same, or legal voters therein. "3. The officers condueting the slid election at said precinct announced the result ot the voting ou several occasions before the polls were closed. "4 Iheottieers conducting paid elect, ion at said precinct removed the ballotbox, tally papers, &c, from the plsee of holding said election to another place in the north precinct, where the votes were counted aud the linalresult made known. "5. The otficeis conducting said election in said preciuct duting the time of taktug iu votes, and before the couutiug out was closed, adjourned ou three several occasions, leaving the ballot-box alone and exposed to be tampered with by evil disposed persous lor at least forty (4J) minutes at each time. "6. Before the vote was finally counted out and the result made known, one hundred and sixty. nine (109) ballots, which had been legally deposited in the ballot-box by legal voters of said precinct for this respondent, were fraudulently removed from said box, and one hundred and sixty-nine (lti9) ballots with the name thereon of the contestant, fraudu lently put in Bid box in lieu thereof, by tretns of which faudulent conduct in making said exchange of ballots, the vote of this respondent at said preeinet was

1ND., FRIDAY, SEPTEMBER 30, 1870.

made to appear to be only four hundred and seventy-five (475), and the vote of contestant was made to appear to be six hundred and seventy-eix (G76). and the same were so counted and subsequently rejected as above stated, the count so made showing a majority at said precinct of two hundred and one (201) votes for the contestant, when in truth and in fact the actual majority of legal votes polled at said precinct for this respondent was one hundred and thirty-eight (138)." In answer to the third, four b, and fifth cp :i ifications of the contestant, contestee, the Mr. Julian, responds as follows: "And tor turtlief answer to the third,' fourth and fifth causes for the contest, this respondent says be knows personally

noining as to ine iicis tnereio alleged tin d by the olneers after their duties were but he has been informed that a few votes , discharged and they were junctus officio. of this character were polled for the con- Their pretended correction was not protestant at one or more of the polls named i duced; could have no validity if present; and rejected, but that the same were sub- land besides, the correction of this error, sequenily placed to his credit and ooaat- if admitted, would not affect the result, ed by the Secretary of State, thus dimin- J Fourth. Mr. Ue'd, iu his ninth specifiishing the majority of this respondent to cation, charges that in Union County the what it is started to be iu the official pa- Clerk certified for him G87 votes, whereas, pers on file." j in fact, he received tJ9'J votes. We find

lhe contestee, Mr. Julian, denies the trntu ot trie seveutu specincation ot the contestant, and avers that the poll of said uorth precinct of Wayue Township was regular aud legal. The e'gbth specification of the contes'ant we have already dismissed. To the uin th; specification he makes reply that the charge is not true. The contestee, Mr. Julian, in addition to the foregoing, mikes niue counter char-' ges in his answer. Inasmuch as the sitting member has not takeu much evideuee tn regard to these several couuter-chariids, anu they have not been seriously pressed in the argument, and tht'tr consideration and decision would not change the result, we have omitted them from the report. This course will assist in simpiifyiogand abbreviating the case. The answers of Mr. Julian ueed no f urther especial attention, except as they may be considered in examining the charges of the contestant. The first specification of contestant and first part of answer of contestee are general aud need no j examination. This reduces our five iu number, to wit. issues to 1. North poll of A'ayne Township in Wayne County, as assailed by contestant in his fourth aud his eevcuiu specifications. 2 Washington Township, Wayne coin ty, two votes for U;;ed, intended tor Hold, ( third specification.) o. Clay Township, Wayne County, "certaio tickets for Joiin S. ilsoJ, instead of John S. ileil." (F'tth specific itiou. ) 4 Union County Clerk returned b'87 for Keid, iustad ot GJJ. (Ntutti specification ) 5. K jection of south poll of Richmond, in Wavne Coumj. (fctcond aud sixth specifications.) W now proceed to consider tnese live several issues in the order named. Fust iu regard to the north poll of Kiuhmuud, Mr. Iveii complaius thus in lus t-evenih. specification; "Because the board t-f can vassers of the said county of Wa tie illegally and without right received and counteu the vote of toe North precinct of Wayne Township, containing 1,359 votes, and of which you received 1,112 voies, and I 247 votes; the whole vote of said poll being illegal aud void, iu this: that uo proper registry was made of said precinct accordiug to law; tliat the persous appotuted to make said registry were not Ireeholders as requned by law; that the board of judges ot said poll di J uot continue in se-.-iou at the iilace ot vo ing and count the number of j nonets as required by law, but did adjourn and remove the billot-box aud ballots niereiu to another aud difljreut room ihau that in which the poll was had, aud where t tie ballots were cast, and counted the aamc at auother aud ilicreut place. Iu violation of, and contrary to law." It is conceded ou all bauds that these two precincts were originally one; that iu 18o7 they were separated, or raiher the Doiiiheru or second preciuct was formally es abiisiied; that ihe registration ot the eutire city was made by the same oiiicers, aud duplicate copies f uruished, so that oue might be present at each poll. 1 lis contestant makes no other ctiaiges of Iraud or i. regularities' against this poil, aud iu his argument concedes its validity, and seems to have introduced the issue by way of an ausiver to coutestee's chaige against the southern preciuct. We do uot tuiuk the charge has beeu sustained. Belore proceeding to consider the next issue we desire lo uotice some adunssiou of the parties. Tho certificate of the Sec rctary ol tate of Indiana shows that Mr .Imiaii received 13.413 votes, and Mr. Keid 13,7 votes, beiug a majority of lib j votes tor Mr. Julian. It is also admitted that m this return the vote of the second precinct of Richmond was uot included, and that this vote showed fur Mr. Reid G7G, and for Mr. Julian 475. Secoud. In the second issua Mr. Reid claims two additional votes iu Washington Township, Wayne County. He asserts that they were spelled Reed, instead of Keid. We find by a reference to Exhibit No. 1, page 32, that uioe votes were leturned for John S. Keed, in Wayne Couuty. But tue Secretary of State ad.i.,,1 i1i.p voif-s to the votes of Johu S. uva . ... Keid, aud the contestant canuot obtaiu any addittioual credit ou this account. Mr. Reid now abaudous his original ground of complaiut in tegard to these Two votes and argues that they were rejec -ed by reason of certain marks or embellishment found upon the tickets, and that such rejection was improper. The law of Indiaua-compels the rejection of such tick ets. Coutestaut did uot produce said tickets to show the character of the marks thereou, nor did he specify any such reason iu his notice of contest, lie cannot, therefore, have this credit upon this ground. A plaintiff cannot be permitted to sue for farm, and when defendant

proves on trial that he paid for tho farm, change his ground and asked to recover the price of a lot. Had he named both properties in his bill or declaration the defendant might have been prepared to prove payment of both, Third. Clay Townsfrpj Wayne County, The specification in this case is the same as the one just considered. Mr. Reid does not pretend that anything of the , kind occurred; but he shifts his'ground ) and says the officers of the election made a misNke of eleven votes. This may or may not be true. It cannot be allowed by any rule of practice known to your committee. The reasons eiven in the

case of Washington TownshtD arrdv here:

besides the evidence is unr-ertain andthejdence produced by Mr. Julian n this alleged mistake was discovered and cer- ! poi nt, a nd the manner of examining the

i on page 49 a certificate of the Clerk of the ; Coutt stating that the canvassers had made a mistake of five votes against Mr. Iwid. We know uo law authorizing such eertificate. lhe ongiual returns are on file and must speak for themselves. We do find. however, that Mr. lieid has put them all j in evidence. They are contained on pages 43 44,45 I'J 47, 48, and 49. They show that the vote of Mr. Keid. iu said county. was as follows: Centre Township...,,..,...., Union Township Harmony Township , Liberty Township Brownsville Township Harrison TortDfhij .llii PI . 6V .142 .215 In all. In the district return, on paa;e 32. Mr. Reid is credited in this county with 087 votes. Lie did not receive 099, as he avers; but he did receive G92. being five more than he was allowed upon the re turn. This credit of five votes is now allowed him. and the majority of Mr. Julian is thereby reduced to 111 votes. Fifth. The fifth and last issue is much the most important oue involved in the j case, it is embraced in the second and sixth specifications of Mr. Keid, and relates to the south poll of Richmond. We have already given the charges of ilr. Juliau agaiust this poll, as contained in his auswer. In July, 1SG7, a petition was presented to tho boaid of commissioners of Wayne County, reciting that as the law required the polis to open at 8 A St. and close at G p Si , and forbid any adjournment, and that Wayne Township contained 2,859 voters, it would be impossible for all of said persons to vote at a single poll; and praying for a division of said district by metes aud bounds, and the erection and establishment of two separate precincts of election, to wit, the uorthern and southern piecincta. On the I7ih day of July, 18t!7, the prayer was granted and the two precincts established. (1'ages 3J and 37 ) On the moruiug of the election iu Oc tober, 18'JS, S. W. Lynde appeared at the poll of the southern precinct and claimed j to act hs Inspector of elections. Aiior some slight controversy, M. M Licey and John S. Ly e were declared elected asjudges. Mr. Lynde claimed to act as Inspector, because he was one of the board of registry for the township of Wayne. He acted as a sort of president of the meeting at ihe organization of the board, ani put to vote the motions made. Mr. Lyndo swears (pages 8 aud 9) that he was not a -isileitt in, nor a cilien of the southern prrciitct; that he was a cifir.cn of the northern precinct, und that he did on that dag vote (It the poll in st id northern prtcinct. Mr. Lacey testifies to precisely tho same thing in regard to himself, (page 14) and Mr. Lyle does the same, (pages 9 10 aud 11.) Several other witnesses bear similar testimony in regard to the residence of these ihree officers of the election bo-rd ot the southern precinct. It is not denied by any oue, nor, in any place, that the three ofiee s of this board were non-residents in the precinct where they held the election, and all of them voted on that day at a different poll. The committee has endeavored to examine tbis point in two separate methods: First, to consider the evidence offered, with a view to correct and purge the poll as far as possible; aud, secondly, the law and the facts bearing upon Mr. Juliau's request to reject the entire poll. In this precinct the returns gave to Mr. Julii i.in 475 votos, and to Mr. Keid Gib Had this vote been counted by the couuty boird.Mr. Keid wouid have had a majority if 85 votes in the district, miking 90 with ,(ie rredit of five votes hereinbefore ailowed him. It is conceded, however, that Henry Bloomer and Joseph Englebert voted illegally for Mr. Reid in said southern poll of Richmond, (page 35G ) These two persons belong to the northern precinct, and it is admitted that they voted illegally. Admitting this poll Mr. Reid's majority would be 88; rejecting it, Mr. Julian's would be 113. Another reason urged by Mr. Julian in corroboration of tho testimony of thejritnesses is this fact: The uurthern and southern precincts of Wayne Township adjoin esch other, liichmond is a large town, and the people who voted at both polls are near neighbors, similar in character and habits. Anything which would produce a marked effect upon the voters of one poll would surely show itself at the other. In the northern precinct Baker, (Republican,) for Governor, received 1,151 votes; Julian, for Congress, 1,112, or 3!) less. In the southern precinct iah.er is returned GG0, Julian, 475, or 184 less. The disproportion is certainly great, and although not sufficient in itself to establish fraud, yet, in connection with other circumstances, it would seem to be entitled to considerable weight. Mr. Reid makes several objections to Mr. Juliaa'a att i:np t

WHOLE NO. 445.

'ii purge this poll. He diys that in several cases of the 531 persons claimed by Mr Julian, it is not shown by the witnesses that such persons were legal voters. In point of fact, this is true of some thirty or forty names. tn the judgment of the committee no auch proof was neeessary in this case. The poll is either valid or void as a return of election. If void, no effort to purge it U necessary. If the officers who held this election had authority, and if they could conduct it, thert every vote which went into the box is presumed to have been given by a person duly qualified. The legal presumption in favor of the right of the vote is all that can be re- ! ouired. Mr. Reid also ohieets to the evi witnesss. We now propose to consider, bri Sy, the manner in which the election was conducted at lhe south poll of Wayne Township, in the light of the authorities cited: 1. Four hundred and peventy five votes were returned for Mr. Julian; he has proved that he received at least 551, an.l protianlv more lo this it is !, Diy an swered that the tickets and returns are j the bet evidence. This seems like bpgThe fraud would eviging the question j dently sustain itsalf. True, the evidence j of the contestee is mostly parol, but it is - just such testimony as that which enables ! men to hold their property, to defend ! their characters, and even their liberties i and lives, in court of jus'ieo. 2. Contestant secured a recount of the ! tickets bv what right or authority does not appear. It was introduced a evij dence by bim, however, and is shown by the testimony ot Lynde and I arry, (pnges 41,42, and 43) The tickets counted 1,181, the return showed 1 1S3. Tin tickets counted 479 for Julian, the re turn gave him 475. The tickets eounted G70 for Reid, the return gave him G7G. 3. The evidence shows that a few per. sons from the northern precinct voted a the southern. The otlieets swear they did not decide that citizens of one ward could not vote in the other. On the contrary they say they supposed that they could do so. They seem to have taken care m t to vote themselves at their own poll. Thery were 1,13 persons voted at this precinct. It would seetn very strings th it among this !are number no three men could be found who could read and understand a line of the statute directing where persons should vote, or comprehension enough to know that the simi voters could'not haw two lawful places of voting at the si ne time. 4. There was no lawful registration of voters in this precinct. The law (act ol March 11, 18G7, sec. 2 and G) provide how, when, and by whom a registration of a new district shall be made. Only one man (Mr. Ross) of the entire board was a citizen of this precinct or qualified to act. Here it is urged in reply that if this registry was bad so was that of the north ward. The argument is not sound. Parry, (tp. trustee,) Lynda and Lacey (35 and 3G) all resided in the north ward, and all acted in making out the registration. Their action as lo the north ward was entirely valid. As to the south ward it was mere surplusage and eutirely illegal 5. In one ward Mr. Julian wis scratched 39 votes out of a poll of 1.151 Republicans. If this be a true return (south ward) he was scrached 185 by their neighbors on poll of GOO Ropubii-J ; c;m votes. G. The law (ec. 23) expres-dy far- I bids any announcement of the result til after the closing of the polis and the counting of all the tickets. This was dis regarded by the officers. 4. I lie law commanas a continuous j session of the board (sec. 3) until the work shall be completed. This was repeatedly vio lated. 8 Every provision of the law in regard to the manner of counting out tho j vote was disregarded, ami persons wholly unauthorized were admitted to the room while this was bring done, and one of: t hose persons assisted in tl.e woik. (Pa- j ges 11, li ) 0. The law comminds that the ballot- I box shall be guarded, an I its custody be longs to the officers. This was also disregarded and defied. 10. The law provides that the Inpeetor shall appoint the judges These two j judges were chosen by the crowd. 1 11. The ballots were carried from the proper district aad counted in another. 12. The law requires that affidavits and pipers taken or received by the board during the day shali be returned by the Jn lge to the county board, to be filed with the Clerk of 'he circuit court. Lacey, the judge, swears that this was not done. 13. 7he Inspect, a- and loth -yf the judges resided outti le (f the district. I hey were wholly disquaiihrd and without sathority to act. The fourth section of the act of 1S52 provides that some elector of the neic precinct shall be appointed by the board (commissioners) as inspector, and that such inspector shall appoint two qualified voters of the precinct as judges. The proviso to the second section of act of 1G7 declares that in case of a n?w district three freeholders shall be appointed 1 esid '8 the trustee, and the one first in or der of appoiutrueot shall be Inspector of the new place of voting, the second shall be Clerk at the new. aud the third at the old, place of voting. But the new law contains no repealing clause; it is no way inconsistent with the acts of 1852 and 1859. s all could have full force and effect if tbe board of commissioners would make their" order of appointment in accordance with the law, that is. place resi dents of the new precinct as .Nos. 1 and 2, and a resident of tbe old precinct as No 3, in the order of appointment. It is a well settled rule of construction, thai sne statue shall not be held to repeal another unless wholly inconsistent therewith, or an intention to rt-pcal be manifest. But even if tbu U of Wv7 had ie-

TER MoOF ADVERTISING, TXA5SHMT. Oae square, (1 lines,) eae UserSien........J One square, two insertions. ........ ............. I One square, three insertions..- .. 2 All subseueat insertions, per saaare ... St THARLT. One ee!nn, fcaageable isirU;l7".-...fr$ Three-quarters of a ooluaaa it a One-half of a ooIamn.........;....,i.M.. S One-quarter of a colaau M

Oae-eighth f a olBan .......i. .......... M Transient advsrtiaeaaBia as!d aat stll aesea bw paid for in advaroe. Unless a particular tine ie aeUe4 when aatjsfc ed in, advertisements will be pebiisfced aatU ordered oat and eharfod aeeerdiof ly. pealed those of 1S and 1859, ihe ease would be in no v.iy different. In that casa Lynde would have bt-ea Inspector, and Ross Clerk, of the south nreoinct. nd Lacey Cierk i-f the north procinet. and two qaaliaod voters of the south ward would have t.eea judge thereia. It ti therefore manifest that they did not pro ceed under lhe ia of ISuT. Indeed w can conceive of no law uodur which the could have acted. They do not now pretend to :h any law to justifiy their pre tensions, and neither lhe contestant nor any one - for him attempted to produ? any law to justify their usurpation. Om behalf of the contestant, however, it ia urged that these nersons were officer i!a Jucto although it is conceded that thsy were Dot o Steers Jure. A large a u alter of authorities have been cited to fh point. It is freely aduiited that the distinction between officers Je facto and : jure is not well defined. Ilia decision of tho House, and the decisions of court, on this question are somewhat inconsistent and contlictinir. While we admit 'that party spirit end surrounding ctrcumstances nave proauceu suen aptarnt inconsistency in tho decisions of tha House, yet we venture to assert that In n cam; lets it ever been held that jf-r.).'t were officer t dc facto tcho did not jwsscm t he qua ifcathms req u site fur off! cert de jure. In the case of Delano vs. Morgan erea l 1 l j the minority of the committee (Democrat 1 X .l.rt .. . . . ic; reported in favor of excluding the entire poll of Blue Rock Township, and gave as a reason for so doing that the polls had been closed by the officers for" about one hour pu as to enable them to take dinner. To sustain thie decision they quote the opinion of Judge Prink erhoil, of Ohio, and yet in that case there Waa no pretense that lhe ballot-box was tampered with, but the judges rather acted iu ignorance of what their duties were. This case (Dekmo vs. Morgan) is direot ly in point in regard to the distinction we have attempts d to make na to officers de facto. One of the tJtnoers of tha Pike Township tloctiou was disqualified; the poll was rej-jc:od. The debates on this, case are full to lhe point, and the eonclusiou is full and coutplcta in favor of the distinction we riii.'kti. Oue may be an officer de ftvto who bus been irregularly or improperly appointed of selected, and j his acts may be binding on third persons, but in a case of persons! du-qualification of the officer for reasons which could not be cured by a change in tho msnner of his selection, the rule is universal that he can have no jurisdiction, and all his acts arc void from the beginning for want of authority. It has been warmly urged ou behalf of iho contestant that ho Buffered a great injury at the bauds of the board of judges of Wayne County. He vigorously denies their nghrto reject or omit the poll of any township or precinct. WTere this a question of the prima facie right to the seat, had this committee had charge of the credentials of ihe claimeats, such a question wo'jld Lave cha'lengcd our care--ful consideration. But this is not a question of that character. Wo are require! to examine the case upon its merits, to find out the will of the people of that congresional district, and to determine who wat honestly, fairly, and legally elected. We do uot consider it important to review tha aciion of these judges; we do not know oliiciully upon what grounds they acted. If we are correct :n our conclusion iu re -Kard to the last point made against the south poll of Richmond, it would follow5 that tho judges were correct iu their action. M. 31. Lacey was the return judge; he did i not live iu-ihe district; be held no office and had uo legal right to hold any therein; ho was just as much, a stranger to this poll as if he had lived in a remote corner of the county, or in any other State in tha Ij uiuri. rcccivo The board had no legal right t lay return from bim. Had he been a foreigner, a citizen if China or Madagascar, be couid have been received with t fie same propriety a? could this citizen of a different eicciion district. Ou a c.irttul review of lhe who!e casa we see no good reason to disturb Mr. Julian in tho enjoyment of the scat he tiow occupies. The committee therefore offer the following resolutions: Ilctolve.d, That John S. Reid was not elected and is not entitled to a Feat as a member of this House from the fourth congressional district of the State of Indi an 3, R.s!ve l, That George W. Julian tvaa duly elected and is entitled to hold tho seat he now occupies as representative from the fourth congressional district of the 8tate of Indiana. Jl'folved, That there be paid lo the contestant, John 8. Reid, from the ccntin gent lurid of the House, tbe sum of ?4, 5DI), iu full cf all espeiiics Joushiug said contest. r.EOAPITVr.tTtCN. Jo-lX S. Kkl ! Ccrtiflcato of KeTclary cf State. '."$t Krror in Un inn Coat ty i iouth i'rceinrt, Yaynn "ownsliip. ....... r" Illegiil votas ajiuilt.-il 2 Voted, for J uii.ia as j roved T. 7S Total for Lei 1 .' O::or.or W. .Tri.i.is Certiiieate of S?re:.7T of State Return of Pontn FvU, Wcytio Towi-tl.ip.. Proved at this i'oll ia aiiuiiun i V-ioo .1 3,4 1 . 4T Tul:il Tr .Tulim.... (fit Toliil for JU-iu .:. ...... ..l:i,yti I Majority forJuiinn without rcjeotin g any pi U K j'iiS sV.i(A Po.'.' nf Wmne Twa-h '- flfclRCiK W. Jci.ian 61 CcrtiQiate of Secretary of State I'rovoJ ia Souta joll uf Wayae Tuv.utli.p. Total Jnliai: Jons 3. Tlnr" Certifi cat' i-l l-oerptnry of s"tute Krrir in I'i t ;Ti t'l.rnt Proveain 6ut.'.h i'oli ul IVaue xoni,sUi'. Total Keid Touil J u iiib. Julian's nmjoriiv :-- 13,111 - ibt. lS,29t V.i,1nt 13.33-J iS.Hfit

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