Commonwealth ex rel. Swartz v. Wickersham

Citations

• 66 Pa. 134
• 1870 Pa. LEXIS 288

Syllabus

<p>1. The officers of a county convention of school directors certified, that “ Swartz was declared elected vivd voce by a majority of the members voting, as county superintendent * * * and that the whole number of directors was 112, of whom 56 voted for Swartz and that Hast received 55 votes, one member refusing to vote at all on the last ballot.” Held, that a commission could not issue to Swartz on such certificate.</p> <p>2. A director who was present and refused to vote at all was entitled to be counted.</p> <p>3. The legal intendment was that he voted for neither or for the minority candidate.</p> <p>4. The maxims, Quoties in verbis nulla est ambiguitas, ibi nulla expositio contra verbafienda est; and, A verbis legis non est recedendum, applied.</p>