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FREEDOM OF ELECTION

interference with, by military power, 603–5.
GENERAL ASSEMBLY

cannot delegate the power of legislation, 3.
nor confer the elective franchise on other classes than

those described in the constitution, 47.
ILLEGAL VOTES

effect of, on the election, 236, 249, 558.
do not affect the election, unless sufficient to change

the result, 454.
if elector vote twice, second vote to be rejected,

480.
votes received without preliminary proof illegal, 492,

558.
vote of elector whose faculties are enfeebled by age,

not illegal, 493.
vote of idiot, illegal, 493.

when illegal voting punishable by indictment, 695.
INCOMPATIBLE OFFICES

what are, 143.

INDICTMENT

for illegal voting, when sustainable, 695, 703.
evidence in, for illegal voting, 703-4.
requisites of, for illegal voting, 705, 710.
particular disqualification must be stated, 705, 710.
requisites of, against election officers, 711, 727.

different officers cannot be joined, 711.
INFAMOUS CRIME

what is an, 134.
bribery of elector is not, 134.

INFLUENCE

exerted on voters, effect of, 616.
when indictable, 616.
when it avoids an election, 616.

INHABITANT

does not mean citizen, 160, 168.

INJUNCTION

will be granted to quiet possession of office during a

pending contest, 573.
not granted to restrain certifying of fraudulent re-

turns, regular on their face, 617, 623. .
when granted, in matters relating to elections, 623.

to restrain interference with organization, 632.
INTEREST

when it disqualifies a person from voting, 196, 212–13.
IRREGULARITIES

do not vitiate an election, 260-1, 270-1, 320, 328, 423,

439, 448, 453, 496.
what are deemed irregularities, 448, 449, 453.

and what, matters of substance, 448.
ISSUE

will not be granted, in contested election case, 360,

364.

JUDGES

when elective, can be chosen in no other manner,

685, 693.
remarks on an elective judiciary, 692.
evils of the system,

692-3.
JURISDICTION

to try contested election, when exclusive, 143, 557,

630, 656.
supervisory jurisdiction of the courts, 210, 557.

appellate, 538.
LEGISLATIVE POWER

cannot be delegated to the people, 3.

constitutional rights of electors above, 44.
LIMITATION

petition not filed within time of, will be quashed, 503.
runs from day of election, 503.

held otherwise, 515–16.
MAJORITY

how computed, 133, 299.

MANDAMUS

to compel election, when granted, 624, 631.

to restore member, ousted without notice, 646.
MILITARY POWER

interference of, with freedom of election, 603-5.
MINORITY

election by minority vote, when valid, 126, 130, 133.
MORAL LAW
how far binding on law-makers, 5, 29, 85, 87-8, 200.

.
NATURALIZATION

certificate of, conclusive on election officers, 98, 105.
powers of court of nisi prius, 98, 106.
history of elections of 1868 in Philadelphia, 103-5.
effect of certificate of, 105–6.
parent's, how proved, 106.

rights of naturalized citizens, as voters, 106.
NATURAL RIGHTS

what are, 88–9.
right to pursue a particular calling, 89.

do not include the right of suffrage, 90.
NEXT TERM

jurisdiction does not fall, by omission to decide at,

527, 533, 546.
NOTICE

effect of want of, on an election, 450, 679, 684.
OATH. See AFFIDAVIT.

valid, though not taken on the Gospels, 437.
neglect of officers to take, will not vitiate the election,

438.
ORGANIZATION

of municipal legislative bodies, 632.

interference with, restrained by injunction, 632.
OUSTER

of member, without notice, illegal, 646.
mandamus will lie, to restore, 646.

otherwise, where there has been a trial on notice, 646.
PENAL LAWS

to be strictly construed, 71.

PETITION

requisites of, to contest an election, 320, 334-6, 351,

467, 550.
if defective, will be quashed, 320, 335, 466.
how verified, 336.
must be signed, 336.
petitioners will not be allowed to withdraw, 336.
may be amended, 337.

affidavit, when sufficient, 538.
PETITIONERS

are competent witnesses, 366, 465.
PLACE

electors must vote at their place of residence, 214.
an essential element in the right of suffrage, 251, 257.

of the essence of a legal election, 450.
PEOPLE

the source of sovereign authority, 5.
what laws may be submitted to a vote of the people,

18, 26.

qualified voters constitute the, 93.
POLLS

may be rejected, when held at a wrong place, without

necessity, 251.
and when opened at a much later hour than prescribed

by law, 251.
PRESUMPTION

in favor of acts of election officers, 98.
in favor of legality of the vote of an alien born, 106,

385, 410, 413.
rebutted by primâ facie evidence of want of naturali.

zation, 385, 411.
that ballots have not been tampered with, will over-

come that of correctness of the official returns,

483.
PRIVILEGE

of electors from arrest, 277.
trespass will not lie for violation of, 277.
extent of, 280-1.

PROCESS OF LAW

definition of, 74–5.

what is due process of law, 75.
PROXY

who may vote by, 282.

may be revoked, 285.
PURGING THE POLL

illegal votes not to be taken from majority candidate,

unless cast for him, 236, 249, 492, 558.
QUALIFICATIONS

federal, only extend to race or color, 65.
proof of electors', how made, 152, 188, 189, 388, 403.
decision of inspectors, not conclusive on questions of,

385, 404-5.
effect of receipt of vote, without proof of, 452.
of borough electors, not obligatory as to voters for

general officers, 455.
QUORUM

what is a quorum, 130.

presence of, how shown, 130.
QUO WARRANTO

not a writ of right, 144, 664.
relator must have an interest, 146, 289, 664.
defeated candidate has no interest, 147.
must be brought during the term of the office, 274.
pleadings in, 301-2.

.
jurisdiction in, not ousted by special remedy to con-

test an election, 480, 663; contrà, 656, 663.
will lie, when there was no vacancy to be filled, 659.

who is a proper relator, 664.
RECORDER

power of, to administer oaths, 544.
is a judge, 689.

must be elected, 685.
RECOUNT

when granted, in contested election case, 360, 365.
REGISTER

when evidence of qualification, 64.

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