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Evidence.-Census returns taken by municipal authorities are prima facie evidence
of the facts they contain. (Blair vs. Barrett) ...

Page

... 316, 317

Sworn muster-rolls of regiments admitted as evidence of the age of voters,
and when made at the time of the election, of the number and names of
the men composing the regiment. (Knox vs. Blair).............

523, 529

F.

Farlee vs. Runk, of New Jersey.-The contestant alleged that the sitting member re-
ceived a number of illegal votes, cast by college students. Held that the
votes were legal, and Mr. Runk retained the seat......
Field, of Louisiana.-Irregularities and a partial election. Claimant did not obtain

87

the seat
Again

88

580

583

641

Fishback and Baxter, of Arkansas.--(Senate)...

Flanders and Hahn, of Louisiana.-The State was in rebellion, but the claimants re-
ceived several thousand votes. There was also a disregard by directory
provisions of the law. Committee reported in favor of claimants, and they
were admitted..........

Florida Territory.-Lexy....

Florida.-Brockenbrough vs. Cabell .

438

41

79

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Foster, of North Carolina.-District in rebellion; the election partial, and treated as
a nullity.

424

Fouke vs. Trumbull, of Illinois.—The State legislature cannot add to the qualifica-
tions prescribed by the Constitution of the United States
Fuller vs. Kingsbury, of Minnesota Territory.-Mr. Kingsbury claimed to represent
territory not within the limits of the State. House denied his claim on the
ground that Congress had not established the Territory since the State was
admitted...

167

251

G.

Gallegos vs. Perea, of New Mexico.-Extension of time asked for and refused....
General Ticket.--Members elected by general ticket entitled to seats

481

47

(Ditto, Phelps vs. Cavanaugh)........

249

Gholson and Claiborne, of Mississippi.—Elected at a special election, under procla-
mation of the governor, for an extra session. Held that they were enti-
tled to seats for an entire Congress. At subsequent session two contestants
appeared who were chosen at the regular election. They were admitted,
the House reversing its first decision

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Harrison vs. Davis, of Maryland.-Allegations of intimidation and violence at the
polls. Also of frauds and irregularities. Case not reached

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Howard vs. Cooper, of Michigan.—Application for further time-rejected. Main con-
test upon allegations of illegal voting, rioting at the polls, &c. Contestant
obtained the seat

275

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Indian Reservations.-Trespassers on Indian reservations entitled to vote.
refused to sustain the Committee. (Bennet vs. Chapman) ..

169

606

618

629

House

208

Votes on an Indian reservation in Nebraska Territory rejected.
(Daily vs. Estabrook)

303

408

Ditto, (Morton vs. Daily)..

Informality in a county abstract of votes not sufficient cause for its rejection. (Clark
vs. Hall).

Ingersoll vs. Naylor, of Pennsylvania.—Allegations of fraud and irregularities. Un-
successful contest.

215

Inspectors of an Election are judges of the qualifications of electors, and if they err
without wrong intent the general result shall not be
affected, (Minority Report, in Whyte vs. Harris, which
the House adopted)..........

464

33

Inhabitant.-(See Residence.) To be an inhabitant of a State is not necessarily to be a
resident or citizen. (Piggott)

263

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Irregularities.—Occasional irregularities do not vitiate an election. (McHenry vs. Yea
man).

551

Jacks and Johnson, of Arkansas.-Report in their favor, but not reached in the House.
Judges of Election.-Votes having been deposited in the wrong box, by mistake, the
judges corrected it. House vacated the seat. (Newland vs.
Graham)

A judge of an election cannot usurp the duties of an inspector.
(Wright vs. Fuller)..........

597

159

Judges of an election, friends of a particular candidate, with-
drew at an early hour from the polls. Held that the election
was not affected thereby. (Harrison vs. Davis)..

345

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Kline vs. Veree, of Pennsylvania.—Allegations of fraud and illegal voting evide
boxes opened, but the recount was not permitted to overturn the
returns on the ground that they might have been tampered with...ote.
Kline vs. Myers, of Pennsylvania.—Contestant failing to substantiate his allega

Ballot-

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asked for recount of the ballots. Denied on the ground that such an apli
cation must be founded on proof sufficient to raise a presumption of frand
or illegality.

Pace

361

574

Knox vs. Blair, of Missouri.-Allegations of fraud, illegal voting and military inter-
ference. Contestant obtained the seat...

52

L.

Lane vs. Gallegos, of New Mexico.-Charges of fraud and illegal practices. Not
sustained

Levy, of Florida Territory.-It was alleged that Mr. Levy was not a citizen of the
United States, but the committee held that the spirit of the naturalization
policy of the country had been satisfied......

Lindsay vs. Scott, of Missouri.—Allegations that disloyal men voted in contravention
of State law. Sitting member retained his seat
Little vs. Robbins, of Pennsylvania.—Charges of fraud. Evidence held insufficient..
Louisiana. -Flanders and Hahn...

Field

Field

Bonzano.
Mann.

Cutler and Smith, (Senate).

164

41

569

138

433

580

583

583

583

643

Lowe, of California.—The State elected a third representative under a new apportion-
ment act, when the previous act limited the number to two. The commit-
tee held that the new, or eighth, census did not take effect till March, 1863.
House sustained committee..

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McHenry vs. Yeaman, of Kentucky.-Allegations of fraud and military interference.
Majorities of sitting member were very large, and the committee holding
that occasional irregularities should not vitiate an election, reported in his
favor. House adopted conclusions of committee..

418

37

37

176

597

244

257

341

346

472

607

550

McKenzie, of Virginia.-State in rebellion. Election a nullity.

460

McKenzie vs. Kitchen, of Virginia.-Owing to the rebellion election partial and in-
valid

468

Michigan.-Howard vs. Cooper

Messervey, of New Mexico.-Territory not organized, and election a nullity.

Military governor.-Fixed day of election, and members chosen at the time admitted.
(Flanders and Hahn)....

Military interference.-(See Bruce vs. Loan)..

143

275

440-446

482

McHenry vs. Yeaman

551

Miller vs. Thompson, of Iowa.-Charges of illegal and fraudulent voting on both
sides. House vacated the seat.

Milliken vs. Fuller, of Maine.-Election. Officers irregularly chosen. As no fraud
was alleged the election was regarded as valid.

Minnesota Territory.-Fuller vs. Kingsbury...

Minnesota.-Phelps vs. Cavanaugh .

Mississippi.-Gholson and Claiborne..

Missouri.-Blair vs. Barrett

Bruce vs. Loan

Birch vs. King
Price vs. McClurg

Knox vs. Blair

Lindsey vs. Scott..

Monroe vs. Jackson, of New York.-Allegations of fraudulent voting on part of pau-
pers, convicts, and others. Also of fraudulent conduct on part of election
officers. Seat was vacated

Morton vs. Daily, of Nebraska Territory.-Charges of fraud on both sides. Contest
unsuccessful

Page.

118

176

251

248

9

308

482

520

520

521

569

98

402

N.

Nebraska Territory.-Bennet vs. Chapman

Chapman vs. Ferguson..

Daily vs. Estabrook.

Morton vs. Daily...

New Hampshire.-Jared Perkins

Mr. Williams, (Senate)

New Jersey.-New Jersey case....

Farlee vs. Runk...

New Jersey case.—Members with governor's certificate were not permitted to take part
in the organization of the House. After the organization the rival delega-
tion was admitted to the seats...

204

267

299

402

142

612

19

87

19

Newland vs. Graham, of North Carolina.-The seat was vacated

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Notice. The intent of the law requiring notice to be given specifying the particular
grounds of a contest is to prevent any surprise to the sitting member, and
to put him on a proper defence. It is not necessary to furnish incumbent
with a list of alleged illegal voters. (Wright vs. Fuller)
Ditto.-(Vallandigham vs. Campbell).

154

229

Ditto.-(Otero vs. Gallegos) -

177

Two notices may be served upon the sitting member provided both are with-
in the time. (Daily vs. Estabrook)........

304

Notice served before the result of the election was declared, and the error
waived by incumbent. Held that having waived the defect incumbent
could not avail himself of it afterwards. (Todd vs. Jayne)...............

557

Office.-Holding office in the military service incompatible with occupying a seat in
Congress-

(Baker)..

(Yell).

(Byington vs. Vanderer)

Officer. The disqualification of an officer to effect the legality of an election must be
co-existent with the election. (New Jersey case)

A contestant can take evidence touching the qualifications, duties, acts, and
conduct of officers conducting an election. (Wright vs. Fuller)...............
Acts of an officer must be presumed to be correct till proved otherwise.
(Goggin vs. Gilmer).............

Ohio.-Vallandigham vs. Campbell..

Onus probandi.-Where judges of election neglected to take the oath of office the
sitting member must prove that they complied with the terms of the law
before the vote can be counted. (Blair vs. Barrett)....

Oregon.-Sheil vs. Thayer......

Otero vs. Gallegos, of New Mexico.-Illegalities and irregularities. Seat given to

contestant

P.

Page.

93

94

395

30

155

71

223

315

349

176

Pennsylvania.-Ingersoll vs. Naylor..

Littell vs. Robbins.

Wright vs. Fuller
Butler vs. Lehman

Kline vs. Verree.
Kline vs. Myers
Carrigan vs. Thayer

Mr. Cameron, (Senate)..

Perkins vs. Morrison, of New Hampshire.-The legislature redistricted the State, and
upon the resignation of a member a new election was held under the
new act, the other members of the delegation holding their seats under
the old one. The new district included towns previously included in
another, thus the voters in these towns helped elect two members of the
same Congress, exercising their functions at the same time. It was
held that the election was valid.....

Phelps and Cavanaugh, of Minnesota. -The election of these gentlemen was prior tō

33

138

152

353

381

574

576

627

142

the admission of Minnesota into the Union, and was by general ticket.
The State constitution provided for the election of three members, though
but two were returned, in accordance with the act of admission. The
claimants were admitted....

243

Phelps, of Vermont.-(Senate.) Held a seat under executive appointment. State
legislature neglected to fill the vacancy. Senate decided that Mr. Phelps
was no longer entitled to the seat.

Piggott, of North Carolina.-District in possession of the rebels so far as to prevent
a fair election

Poll-book.-Where poll-books were forwarded to the secretary of the Territory by the
county registrar, (the law requiring him to keep them to be canvassed
by the probate judge and three householders,) held that the election was
not void. House did not support committee. (Bennet vs. Chapman)....
Poll-book not certified to by any officer of election was rejected. Chris-
man vs. Anderson

613

463

205

334

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