ELIGIBILITY TO OFFICE, AND TENURE. (Continued) SECTION. acceptance of seat in congress vacates office previously held 243 244 245 246 tenure of office of senator in congress under appointment. 247, 248 foreign minister an inhabitant of his state........ power to fill, does not imply power to create a vacancy........ 249 250 251 251 252 252 253 officer appointed during good behavior, how removed.. 254 255 256 vacancy cannot be anticipated by appointing power.. 257 alien not eligible to hold office, but may be elected........ conflicting decisions as to its validity.........17a, 451, 452, 453, 454 434 EQUITY will not enjoin use of certificate of election by the holder.. 220 458 EVIDENCE OF CITIZENSHIP what can be required of voter at the polls... 35 EVIDENCE IN CONTESTED ELECTION CASES. (see chap. 6) ordinary rules, apply in election cases... extension of time for taking testimony when granted to sitting member of congress. showing required to procure such extension.. 306 810 310, 311 EVIDENCE IN CONTESTED ELECTION CASES. (Continued) unsworn declarations of voter SECTION 397a to explain imperfect ballots when received........395, 396, 397, 407 what required to set aside return.. 397a what evidence is admissible to show for whom illegal votes proof to rebut presumption that a foreigner who votes is 294 how proved.... census of population as evidence... appointment of messenger to deliver statement of vote, illegal voter, not protected by the secret ballot.. party having proof must produce it.. legal voter may waive privilege and testify for whom he proof required to exclude an entire poll land list as evidence........ testimony taken out of time in a contest in congress... 296 297, 301 300 301 ..303, 304 .351, 352, 355 352, 355 354 356 record evidence, how produced in a contested election case 362 what proof will vitiate a return 365 ... state law fixing rule of evidence not binding in congress... 369 371 residence, how proven.... 371 weight to be given to decision of board admitting a vote... will follow State in construing State laws........ 313 qualifications for, how fixed...... 226 FEES AND EMOLUMENTS when to be recovered by successful contestant.... FOREIGN MINISTER remains an inhabitant of his own country. FOREIGN STATE effect of annexation upon its citizens.. FRAUD 308 1, 2 250 151 .116, 117, 118 in naturalization proved by parol................... 21, 457 cannot be investigated by canvassing or executive officers. 83, 213 101 of election officers ...... 184, 185 upon federal election may be punished under act of congress policy of the law to facilitate investigation of.... vitiates return whether officers of election participated in it dangers attending application of the rule upon this subject distinction between fraud by officers and by other persons. 441 442 443 444 those who may, and do not vote, bound by the result...... 445, 446 446 447 in what cases those who attend and vote have right to decide 448 FRAUD AND ILLEGAL VOTING. (Continued) circumstances tending to show fraud.. punishment of, under act of congress.. conflicting decisions as to the validity of the "enforcement ... SECTION. ..... ...17a, 452, 453, 454 455 456 458 441 457 act" of congress. when legal vote can be ascertained and counted.... GENERAL ELECTION G. effect of statute fixing, as the time for choosing certain 187 GOVERNOR OF STATE not an election officer within meaning of act of congress.. 207 218 cannot create a vacancy in office and fill it without specific 251 may declare a vacancy in an office.. 263 but such declaration not conclusive. 263 may be required to answer in quo warranto and defend his no person can have more than one, at same time.. HOUSE OF REPRESENTATIVES U. S. will not in prima facie case look behind certificate of election credentials required to establish right to seat prima facie... 208 349 requisite of notice of contest under act of congress. 343, 394 346 primary return may be sent for.... 345 sitting member must use diligence in preparing tor trial....... 347 SECTION HOUSE OF REPRESENTATIVES U. S. (Continued) not bound by technical rules. 348, 349 349 statute directory only.... 349 but is followed as a convenient rule.. 349 may upon its own motion inquire as to the due election of 350 rules governing pleading, and practice in contested election 394 statute relating to election of members of (appendix p. 486) they as well as lunatics disqualified at common law.. 73 cannot be compelled to disclose his ballot until it is shown 301 may decline to answer on ground that to do so would crim- 301 name of, need not be given in petition......... 315 ILLEGAL VOTES party having proof within his reach as to how such votes when it does not appear for whom they were cast, how ....298, 299, 300 300 that such were cast will not vitiate election if they do not |