United States ex rel. Cunningham v. Mathues

BUPPINGTON, Circuit Judge.

This is an appeal from an order of the District Court, dismissing a writ of habeas corpus and remanding tbe relator to the custody of tbe United States Marshal for removal to tbe District of Columbia.

On May 18, 1926, a primary election was held in Pennsylvania and William S. Vare received the Republican nomination as á candidate for the United States Senate. At the general election held on November 2, 1926, he was elected United States Senator. Thereafter a petition was presented to the Senate contesting his election on the ground that fraudulent and unlawful…