The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1863-12-24

te the friends OF this old standby, which has been
toiished dnniaterraptedigtor nearly 1Sisteen years
second our ererts TO keep up with the times, by
rresponding increase Of patronage. We wish 1t
.derstood that we shall take step backward.
new Volume commences about the LIST Of January. |
|Dsv Is THE TIME no SUBSCRIBE
IT will contain the Latest News, Correspondence
ON the Army, the proceedings Of Congress, and
ur State Legislature, besides large amount OF
srefully selected miscellaneous reading, such as
as applied to the legislative department Of
the government is restriction and not
grant Of power: and Il is competent for tn,
legislature to prescribe the qualifications o
electors and the time. place and manner o
exercising the, elective franchise, when no
expressly prohibited from so doing. or wher,
the prohibition is not implied from some ex
press provision Of the Constitution.
i 2. Same: article construed Section I
article 2 of the Constitution Of 1857. define,
only the qualifications Of an elector. and
does not prescribe the place of exercising
the elective franchise as test of qualities.
t'on The powerto Ak the lace and man
ner OF its exercise is left with the Legisla-
tu-e.
o. Statute construed. The provisions of
an act approved September 18th, 1882. en-.
titled IAN act to amend Title 4 of the Rev.
SION Of 1850, 80 ~ to enable the Qualified
e ectors Of the State in the military servc.
to vote At certain elections. are not inconsis.
tent with Section 1. article . Of the Comet.
tudon Of 1857, for the reason that thev ner.
INIT such electors to EAST their votes at polls
opened ani c,nducted beyond the limit, of
the county and the State of which thev
c.aim to he residents.
4 Go stitutional Lao: General Ruh-
The Sunrsme Court will declare law un.
constitutional only when it is clearly, palpa.
bly, and plainly inconsistent with the provi.
sIons of that instrument
me .Jtrst case ,cns appealed from BENTON
Disfrict court the second and third from
Clayton District Court.
SRaiSGRR was declared, by the Ro.rd of
oanva, sers duly elected to the office Of Clerk
o. the District Court Of Iowa County. at the
October elecsion, 1862. The Hons. James
Burt an' George Watson, wer, also in like
manner declared elected 10 the Offices II Dis.
sr'c' Judge and Attorney in and for the
Ninth lWt'cial District, At the same election.
M'rrison, AMI the Realtors were the resnec
tive opposing candidates, and inst stituted these
proceedings to test the right of the several
incul'bents to said offices. TIE first case
was c''nmencel under Ch- 81 OF the Reyis.
ION, which relates to "Contesting elections. /"
The two others were 'Informations" in the
method provided for in Oh. 81 of the Revis.
'on On the hearings below, the first Gaze
was decided in favor of the contestant. Tn
rs KS hthys ahShsrin IN tRs iiasamaeass seassa.
win be found considered to- gether in the
opinion.
Nar,in q Murphy, Wilson O'NeiU d
Knight for Contestants.
FairaU 6 md .Boal, Burt d Lyon, Bissel
DC ShtrGS LOT lBcuIHOentS.
WRiGHr. jim the second and third case.
it is c'ainei by the appellees and incum-
bents. that the proceedings should have been
instituted under ch. 81 Of the Revision. and
that as the chapter prescribes the only me-
thod for contest:ng elections in this State,
the Appellants on the other han1 claim that
the offices Of District Judge and Attorney
are excepted from the provisions Of tn, chap
ter, or. il not. that they have right to pur-
sue either remedy-that is. to be heard be
fore the tribunal to be organized under said
chapter. or by information filed under CHI. 81.
II il shall be determined that the incum-
bents are entitled to the Offices, the exam
ination Of the question here made, will be-
come unnecessary. It is, therefore, passed
for the pres ent. that we may consider the
other and cardinal question--one that ari-
ses in all The cases. And this involves an
inquiry into the constitutionalitv Of the act
Of the General Assembly Of this State, ap-
proved September IL. 1862, entitled IAN act
to amend Title 4. Of the Revision Of 1850, so
as to enshle the qualified electors of this
State in the military service to vote at cer-
tain elections
By this act II ia declared that every white
ma e citizen OF the United States Of the age
Of twenty one years, who shall have been a
resident of this State six months and OF
some c,unty therein for 90 days next prece
ding his enlisting in the military service Of
this State or Of the United States. shall be
entitled to vote at al elections authorized by
llaw, AZ provided thereln. whether at the
time Of voting he shall be within the limit 8
Of this State or not. II is also provided that
/ Commissioner shall be appointed, to each
Regiment of Iowa Volunteers, for the pur.
pose OF carrying out said Act. Such Com
missioners is to be sworn, and are required
to deliver poll bo,ks and copies Of the Law
TO commanding officers, and to make snit-
able provision and arrangement for openins
the polls and conducting the election.
poll is to be opsaed at every place, whether
within or without the State, where regi
ment. battalion. battery, or company, o
lows soldiers may be found or stat'qped, .
which oil persons may vote who are theret'
entitled by law and the provisions of sait
/ act said voting to take place on the da,
fixed for holding the general election. towit
the second Tuesday in October in each year
! Provision is made that every regiment ant