The Wyandot pioneer. (Upper Sandusky, Ohio) 1853-1868, 1864-02-19
THE WYANDOT COUNTY CASE.
DECISION OF
HON. JUDGE WHTTELEY.
THE SOLDIERS VOTING LAW DECIDED
UNCONSTITUTIONAL.

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A. Il. lEGERsoLL, Contestor,
vs.
WILLIAM MARROW, Contestee.
IN WYANDOT COMMON PLEAS
The Clerk of the Court of Common
}, Pleas Of said county, with two Justices o
the Peace, having opened the returns o
votes poIled by the electors Of said county
at the election for State and County off
GERS, held on the end Tuesday of October
1868, rejected, as illegal and void, all O
the returns made from other States under
the act of April l3, 1868, entitled "An act
to euable qualified voters of this State, ii
the military service of this State or Of the
United States, 10 exercise The right of suf
frage," and refused to incorporate them in
the abstract exhibiting the result Of the
election, and therefore declared the Contes.
tee duly elected Sheriff OF said county, in
conformity with the result of The abstract
hey made, and gave him certificate Of
election. The Coutestor claims that, had
the rejected votes been counted, the election
for Sheriff would have resulted in his favor
Notice of Intention to contest the right OF
Marrow to the Office was given on the 10Th
day of November, following, and notice of
appeal entered with the Clerk of this Court
on tie sth day Of December. Dispositions
were also taken and filed Upon tho case
being called for hearing, the Contestee
moved to dismiss, assigning several causes,
and among them That the contest does not
appear to be at the instance of a candidate
or elcctor of Wyandot county, The notice
Of appeal not entered with the Clerk with
in the time prescribed by law.
me motion was argued by
Barley, T W., for,
Sears, J D., contra
WHITELkY, Nj c., Judge. Section 40 OF
the act of May 3, 1852, requires She notice
of appeal to be antcred with the CLERK
Of the Court within twenty days
from tho day of election. A notice in wri.
urg must, also, be served on the person,
whose el"ctoin is contested within twenty
days atter the election, ib. sec 50. Sec
IS Of the same act limits the right to con-
test the election of Sheriff to candidate or
,ector. Sec II, OF the act of April l3,
1853, provides that elections held under
said act shall be subject to contest in the
same manner as is now provided by law,
and by fair construction, extends the time
for zee Of contest and appeal, in case of
returns under said act, to twenty days after
the opening of the returns A reference
to these several provisions of the statute
would seem to dispose Of this motion; but,
as counsel on both sides request that all the
questions made shall be decided on the
final hearing, decision Of this one will be
delayed until that time.
Sears, j. D., then called Thomas Grisell
and offered to prove that the Contestor was,
at the time of SAID election, candidate and
elector of said county of Wyandot.
Barley, T. W., objected,
BY TEE CouRT.-lt ia not competent to
supply defects in the notices by parol evi-
dence Edwards Us. knl .h;, 3 ". IL 315
The case was argued at length.
J. y. Sears and y. Bowen for Contestor.
T. W. BARLEY and G. r. Mott for Con.
|estee.
WHITLEY, Judge. Whether the votes
rejected BY the Clerk and Justices should
have been counted with the other returns
of the county depends upon the validity
IF the 'act to enable qualified voters of this
State, in the military service of this State
or of the United States, to exercise the
Ugh, of suffrage" passed April l3, 1858.
10 determine the validity of that act, we
ne led at once to the following questions:
l. Has the Legislature power, under
he Constitution. to authorize electors when
bsent from the counties, towns and wards
# their residence, to hold elections not To-
ated in any prescribed district
2. Or, to hold elections beyond the
errtoral limits of the State, and exercise |
be elective franchise in any other State or r
ounlry, where they may happen to be on Z
he day of election! :
8. And whether this act has provided il
or and authorized ambulatory elections be g
ond the limits of the Statel C
A correct solution of these questions de-
ends very much upon the interpretations Il
, be given to the several sections of the +
;tate Constitution, hereafter referred to, .
nd among them Sec. |, Of the 5th Article, u
] these words: a