Hulseman & Brinkworth v. Rems & Siner
Supreme Court of Pennsylvania
In the Supreme Court. In Equity. This was a proceeding for an injunction founded on a bill filed November 1861, in the Western District, by John Hulseman and George Brinkworth, “ citizens and qualified voters of the nineteenth ward of the city of Philadelphia, as well for themselves as for other citizens and voters therein,” against James Rems and Charles B. Siner.
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In the Supreme Court. In Equity. This was a proceeding for an injunction founded on a bill filed November 1861, in the Western District, by John Hulseman and George Brinkworth, “ citizens and qualified voters of the nineteenth ward of the city of Philadelphia, as well for themselves as for other citizens and voters therein,” against James Rems and Charles B. Siner. The bill set forth the 43d, 44th, 45th, 47th, 48th, 49th, and 50th sections of the Act of Assembly of Pennsylvania relating to general elections, -which provide for the manner of taking and returning the votes of “ such citizens of…
1Opinion of the Court
The opinion of the court was delivered,
by Lowrie, C. J.
The law providing for the voting of soldiers, who are away from home in actual service, so clearly covers, by its terms, the case of municipal elections, which are held at the same time as the general election, that we are unable to find any argument that is at all satisfactory for excepting the late municipal election of Philadelphia out of its operation. We must, therefore, declare that the soldiers in camp had a right to vote for their proper municipal officers at home, and to have their votes counted on the second Tuesday of November,…
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