In re Opinion of Justices

• Decision Date: 08 June 1875
• Citation: 56 N.H. 570
• Parties: In Re Opinion of the Justices.
• Court: New Hampshire Superior Court

56 N.H. 570

In Re Opinion of the Justices.

Superior Court of Judicature of New Hampshire.

June 8, 1875

Election of senators-The senate final judges .

By Article XXXV of the constitution, the senate are made "final judges of the elections, returns, and qualifications of their own members." When the senate in pursuance of this power, have adjudged that a person claiming a seat as senator was duly elected, and possessed of the requisite qualifications, their judgment is final, and cannot be questioned by the executive or judicial departments of the government.

SENATE CHAMBER,

CONCORD NEW HAMPSHIRE, June 3, 1875.

To the Hon. Justices of the Superior Court of the State of New Hampshire:

Gentlemen: -I herewith enclose a copy of a resolution of this day adopted by the senate, and respectfully ask Your Honors' opinion upon the same at the earliest practicable moment.

Most respectfully yours,

JOHN W SANBORN, President.

STATE OF NEW HAMPSHIRE.

IN THE YEAR OF OUR LORD ONE THOUSAND EIGHT HUNDRED AND SEVENTY-FIVE.

IN SENATE, June 3, 1875

Whereas, By the returns of the votes for senators on the second Tuesday of March last, laid before the governor and council, it appeared that the vote in the second district was as follows,-

"Scattering" 3

For Arthur Deering 2

For Joseph Pettigrew 1

For Joshua C. Merrick 95

For Natt Head 3,771

For James Priest 3,834

and upon due examination the govenor and council decided and voted "that the votes cast and returned in District No. 2 for Natt Head, numbering 3,771, be rejected, on the ground that they were intended to be cast for Nathaniel Head, of Hooksett, and did not contain the full Christian name of the candidate voted for; that one vote cast and returned for Joseph Pettigrew be rejected, on the ground that Mr. Pettigrew is not, and was not at the last election, a resident of said district; that two votes cast and returned for Arthur Deering be rejected, on the ground that Mr. Deering is not, and was not at the last election, a resident of said district, and had not then been a resident of the state for seven years immediately preceding; and that three votes returned as scattering be also rejected, as not being votes duly returned; and that these votes being rejected from the computation, James Priest, having received a majority of all the votes legally cast and returned in said district, be declared elected, and be summoned to take his seat in the senate on the first Wednesday of June next by the govenor," and a summons was accordingly issued to him:

And whereas, By the returns of the votes aforesaid, it appearedthat the vote in the fourth district was as follows:

For Benjamin M. Gilmore 3

For Ira Osgood 1

For G. E. Todd 2

For Moses Humphrey 1

For Abraham Thorpe 9

For Henry M. Putney 1

For James M. Bishop 1

For Arthur Deering 46

For George E. Todd 3,457

For John Proctor 3,495

and upon due examination the govenor and council decided and voted "that the votes cast and returned in district No. 4 for Arthur Deering, 46 in number, be rejected, on the ground that Mr. Deering has not been a resident of the state for the seven years next preceding the last election; that one vote cast and returned for James M. Bishop be rejected, on the ground that Mr. Bishop is not, and was not at the last election, a resident of the district; that nine votes cast and returned for Abraham Thorpe be rejected, on the ground that Mr. Thorpe is not, and was not at the last election, a resident of the district; that two votes cast and returned for G. E. Todd be rejected, on the ground that they do not contain the full Christian name of the candidate intended to be voted for; and that three votes cast and returned for Benjamin M. Gilmore be rejected, on the ground that Mr. Gilmore is not, and was not at the last election, a resident of said district; and that the aforesaid votes being rejected from the computation, John Proctor, having received a majority of all the votes legally cast and returned in said district, be declared elected, and be summoned by the govenor to take his seat in the senate on the first Wednesday of June next," and a summons was issued to him accordingly:

And whereas, On the first Wednesday of June, 1875,...