Mobile register and journal., 1845-10-09

IL, He admits that when Rust presented NE bono
for approval he exhibited the certificate oil the snef
lH. Was not thai certificate evidence oil MS e'eo
iionl Could Rust have Obtained it il he had not
received The largest vote!
How does Judge C. answer these questions ana
by what process of reasoning does he arrive at he
conclusion that tue sheri's certificate Is not pFnl9
facia evidence of Rust's election. Why, he mas
received notice from Mr.. Thomson that he contests
the election, and in his opinion this notice over
rides aud annus the solemn and official testimony OF
the sheriff.
And here il seems to Us that Judge C. lahors nm
der strange misconception of the law and his own
| powers Is there any statute requiring the person
contestng the election to give notice TO the Judge
of the County Court Is there statute investing
| him with any power TO act IN the premises olhef
| than enioning him 10 approve the bond? Has he
any right BY virtue Of his office 10 keep the matter
| in allowance until The contest is determined!
Is there any statute principle OF law requiring
the Judge in /, matter of controversy before him 10
receive he written statement OF the conesting purity
| himsellin evdencei The very question 10 ne de-
| ,erm,ned was whether under The circumstances the
election conld he contesied-yeI his Honor has given
more weight to the statement Of Thompson man 10
the authorised act and certificate OF The sheriff This
certificate SAYS Judge c. Is priid facia evidence
| of Rusl's election. We put this question TO The
| Judge
Snnnose that no controversy had arisen in the
| matter, and Rust had presented his bond, accompa-
MED by the sheritf's certificate? Would you have
not regarded il at least prma Iacia evidence oil
his election? Would you have hesltated TO approve
his bond, his securities being sufficient Cer'a'niy
not Ii be evidence in the one case, II must be IN
the other. The mere fuel that the election Is con-
tested cannot rob il of that character. Is not the
sberif's certificate OF an election the only evidence
known to our laws! and is it regarded not SIMPLY
as prima facia but conclusive, where no contest -
madel
In examining the of 1910, il is observed that
the managers in the event OF contested election are
required 10 return The votes, and the certificate oi the
sheriff as The perspn elect 10 The Judge Of the
Circuit Court 10 be Kept by lm until the question
is settled Why is this2 The reason OF tins IS
plain. II is prevent the usual OF the commission
by the Governor, who would be bound 10 grant the
commission to The person holding the certificate. =
This is the Judgment OF the Supreme Court IN the
case OF Womack VS.. Holloway; ID Ala. Rep, new
SERIES Now we ask Judge Cu,hbert IL it Is not
manifest from this, that The Supreme Court regard
the sheriffs certificate prma fac'a evidence oil the
eection and that its presentation 10 the Executive
ID his WARRANT for the usual of The commissioner The
cases of Womack vs.. Holloway already cited, and
Hill vs. the State, in Ala. Rep, new series, inform
us that the Supreme Court considers the sherih's
certificate and the Governors commission as Of the
same rank, and affordIng only Pri'na facia evil
dence of the election.
Previous to the act of 1910, the only means pro-
yided for informing the Executive of tho election.
was the certificate of the returning officer, and upon
this he was required 10 grant The commission.
We say that he was required because he has no
power to adjudcate the matter, and he could not
refuse the commission when the certificate was de-
livered to him. He could not withhold the commits
sion because the certificate is p,ima facia evidence
of the applicants election and his right TO the oi1ce
1t seems that this reasoning is conclusive
and # so, Judge Culhberl undoubtedly erred in re-
lusng to approve Mr.. Rust's bond, being as he ex-
pressed himself satisfied with the securities. Mr..
Rust should have been admitted into the Office and
Mr. Thomson wonld have been left to his remedy al
| law. JUSTIN. s