A Collection of Leading Cases On the Law of Elections in the United States With Notes And References to the Latest Authorities

Cover A Collection of Leading Cases On the Law of Elections in the United States With Notes And References to the Latest Authorities
A Collection of Leading Cases On the Law of Elections in the United States With Notes And References to the Latest Authorities
Brightly, Frederick C. (Frederick Charles), 1812-1888
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Swing, 1 Brewst 103. And see McDaniels' Case, 3 Penn. L.
J. 314 (post 238).
t Sed qwret It would seem, that such an act would be nnconstitu* tionaL Digitized by Google 230 Chase v. Miller.
(Place of ToUng.) principle on which it can be excused, except that of com- munis error. And this is all that we feel called on to say in regard to it, for it is not a circumstance of sufficient magnitude or importance to disturb the course of our ar- gument, or to attract further notice.
To all these section
...s, the 48d, as construed in the court below, is directly repugnant. It is repugnant also to all those numerous provisions of the act which require peace officers, on demand of an election officer, or of three citi- zens, to preserve free access to the polls, and to suppress disturbances and riot; which forbid wagering and mis- conduct at the polls, and which prohibit all troops, " either armed or unarmed," from attending at any place of election within the conmionwealth. The 48d section is in direct antagonism to all of these reasonable and conservative pro- visions.

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