The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1864-04-27
Supreme Court of OhiO-Dcciston
1, iu the Wayne County Case.

supreme Court of OhiO-DccistoI
+, in the Wayne County Case.
The Supreme Court of the State Q
.ohio,sopened yesterday morning a
eight o clock and announced its decis
ion in the Wayne county conteste,
election case, on an appeal. from tn
decision of. Judge Sample, by whicl
/ the Democratic candidates for count,
offices IN Wayne were declared elec
Ited. The case involved the question
of the constitutionality of the law o
1858, giving persons absent in the mil
iitary service of the Government tn,
right to vote at all elections in thi'
State. ,-,rt,,.,..
Chief Justice Brinkerhoff announ
ced as the decision of the Court tina
the law was constitutional, and there
fore in full force and effect, and that
the elections held under it were valid
The decision of Judge Sample in the
Wayne county Common Pleas was re.
versed; and the Republican candidates
for the several Offices contested deela>
red duly elected. lssrr... ...
Justice Brinkerhoff also stated that
Judge Ranney, who was absent, dis
sehted from the opinion of the court,
The dissenting opinion will doubtless
be published in due time. Sc '.'
The result of the contest surprised
nobody, Although there were many
who were firmly of the opinion that
there is nothing in the constitution
authorizing the casting Of votes out
side of the jurisdictio on and gagraph>
ieal limits of the State, there were
few, indeed, who anticipated that, in
the present condition cf the politics Of
the State, the Supreme Court would
render decision contrary to the one
they did,. 9a' .ua.as, Fs
The cases decided are those Of Hen
ry 14eham V. John X. Mcbride, Gideon
B.. Somers v. Charles E. Graeser,
Anthony Wright v. Matthew w. Pin
kerton, error to the Court of Common
Pleas of Wayne county. The follow,
ing conclusions upon the points pre-
sented were announced as tie opinions
Of a majority of the Court: .,.u
l. The finding and judgment Of a
Court Of Common Pleas made in
case of contested election brought be-
fore it by appeal under the statute,
are subject to review in the District
Court and Supreme Court, by petition
in error. .....
2. Tho act of April -, 1868, "to
enable qualified voters of this State,
or Of the United States, to exercise
the right of suffrage" was intended
to enable qualified voters of the State
in the military service to vote in ac>
cordance with its provisions as we'll
without as within the territorial limits
of this State. p, g., .,. D.,
8. Said act is not clearly in con-
fict with any Of the provisions of the
Constitution Of the State, and is there.
fore tc be regarded as a constitutional
and valid enactment. .....-.-.....
4, Un'ier the provisions of the 7th
section of said act, the poll>book of q
company which designates the letter
Of the company and the number of the
regiment, is sufficient in substance, al
though the particular arm of the ser.
vice of which it may form a part be
not expressly designated, nor the fact
that it is an OHIO company and regi-
ment; such fact being presumed where
nothing appears to the contrary.
Finding and judgment of the Court
of Common Pleas reversed; and this
court proceeding to adjulge as the
Court of Common Pleas ought to have
done, find the law and facts Of the case
to be with the said contestees, and ad,
judge accordingly. m,..s.
Judge Ranney, as we before said,
dissented to the decision of the ma,
jority. '~..'' d q ''r' '' "H.l III
After making an entry upon the
journal allowing parties who have up
on the motion docket motions for the
allowance Of writs of error. or for
leave to file petitions in error, to with
draw the papers and motions and ap~
ply to judge in vacation, the Court
adjourned without day. ..