The Athens post. [volume] (Athens, Tenn.) 1848-1917, 1859-11-04
The Contested Election Case.
MINORITY REPORT.

Mr.. Strokes from the same committee
presented the following minority report
The undersigned. II minority of the
committee to which was referred the con.
tested election case from the Eighth Sena.
torlal District, between William III. Tibbs
and John A. MINIS. not being able Ia
agree with the majority in their state.
ment Of facts the course of their argu-
ment or the result of their examination
beg leave to submit the following report
| The undersigned have examined, with
| great care. the various provisions of the
constitution, and the different acts of the
Legislature, bearing directly or indirectly
| upon the merits Of the case, and have
analyzed minu.ely the testimony offered
| by the contestants. This examin ,tion.
begun and conducted with u sincere de-
sire to attain u sound and truthful con.
| clusiOn has led them to the firm con-
viction that William II. Tibbs. and not
John A. MINIS. is entitledto the seat on
| this hoor ms Senator from the + glItll
District; and while it my be that the
undersigned will not be able to convince
all the members of this body. yet they
Ito expect to satisfy all here and elsewhere
interested in the matter. that their con-
viction has much of sound argument and
! good sense to sustain it. The merits Ot
the controversy turn upon the determ-
nation OF two questions: Were the voters
OF the Grundy fraction of Seqhatchie
county entitled, at the late election for
Governor. Congressman and members OF
the General Assembly. to vote for Senator
N the Eighth Senatorial District, and j.
hey were not So rnti,l ii was the election
held and conducted in the Hamilton
fraction of Sequatclhe county in reason
ible conformity with our statu DRY law
upon that subject! And to these aues.
iions We will direct our attention in the
order they are stated.
lst Were the qualified voters of the
sirundy fraction of Sequutchie county en-.
titled at the Late election TO vote for
senator in the Eighth Senatorial Dis
ret? The ma njor!ty contend that they
were so entitled. and the undersigned
deny this, and in sist that they could
only vote with Grundy county in the
Fourteenth Senatorial District.
BY the apportionment law of 1872 the
countie- o Rhea Bled.oe Pr dlev. Ham
iton and Marion form the Eighth Sena-
torinl District: at the session of lS55-'i
he General Assembly passed an act
'hapter l52, to take effect on the ID da,
lay of September. 1871 attaching the
zenith civil district of Blcdsoe county and
he first and second civ! districts of Mari
m county to Hamilton county. and b,
an act passed on the 4th day of Novcm.
her. 1851, (see Private Acts of l)51-S
chap. s. these civil districts were formed
| into the fifteenth, sixteenth. and seven.
;eenth civil districts of Hamilton and it
5 expressly provided that the justices oi
| the peace and constab.es then III Office.
We're to continue TO use and exercise
their power and authority as justices OF
| he peace and con>taLles oi Hamilton
county until their successors in niii, g
were elected. or some othCr provn i,n
made for the entoi cement oi law and lii.
attainment OF Justice" On the 9th day
OF December. 1857. the Legislature pas
| I'd an act to establi Ii the county of ST.
luatchie. embracing in its designated,
boundaries The three civil districts takei,
rom Bied-Oe and Marion counties, ana
made II part OF Hamilton county as above
stated, and nn the 18th day OF March
1893. the same legislature passed an act,
10y the terms of which Il portion OF Grundl
county containing. according To tin
weight of the proof, thirty square mile,
of territory, was added to the new county
OF Sequatcllie under the metense OF u
'hange OF county lines. BY the term
md provisions OF tins act. creating the
new county, the justices of the peace,
| iIving in said fifteenth, sixteenth anu
seventeenth civil districts, We're author.
zed to meet on the first Monday il,
January, 1858, and organize count,
court, and elect such county officers as
they are entitled To elect; commissions
,,rs were appointed with power to select IA
site Tor Il permanent county seat am
| the sheriff OF Hamilton county is d..
rected TO give notice OF and hold an
election on the fist SATURDAY, in March,
1858, for sheriff. clerk of the circuit and
county courts, register AMI trustee. Oh
rhe first Monday in January, lS5S. tie
justices of the peace met and constituted
themselves county collit, and III uddi-
| ton to dscharging the duties ,mposou
! upon them by the act, made temporary
appointments Of ~ sheriff, clerk of til,
county count and perhaps other officers
and before the commissioners had lO-
Gated u county seat, and before the sheriff
of Hamilton county had held the election
! tor county officers. Il bill OF injunction
was filed and fiat obtained, enjoininp
the commissioners and the county cour.
and sheriff OF Hamilton county from
taking any further steps IN the establish
ment and organization OF the new county
1t does not appear in proof thar an eiec.
ton has yet been held for county OIL.
GERS, but it does appear that county and
circuit courts had been regularly held in
the new county, and that the duties .o
.he different county officers have been
performed by persons claiming to be law
| ,ully entitled to the Offices. 1t is salts
lactorily proved that in the original drail
OF the act creating the new county of Sc
quatchie, II portion of Grundy county
petty much the same as the part subse
quenlly taken, was embraced, but it wa
stricken out Tor the time at the request
oi the member in tha louse from Grundy
Coffee and Van Buren, counties, to enabi,
him to consult the people of the portion
Ought to he stricken of; but the new
county did not. until the addition of tile
Grundy fraction. have the number o
square miles of territory or the voting
population. required by the constitution
IN the formation of new counties; anC
that the active friends of the new count
had the Grundy fraction added to obviat,
constitutional objections, and with thu
hope that it would terminate the exist
| ing and prevent any iulther litigation il
the natter. These are all the materia
facts in proof necessary to be stated Il
the full elucidation OF the argument oi
the point now under consideration.
BY the fourth section of the tenth arti
Gle of the Constitution il is provided tina
new counties may be established by tn
Legislature. to consist of not less thai
three hundred and fifty square miles
and which shall contain population o
four hundred and Fl ty qualified voters :;
and by the fifth section OF the same arti
Gle it is further provided that 1.-THE citizen
who may be included in any new county