Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1864-04-17
rHE COURTS.
supreme Court OF Ohio--Decision in
~@E the Wayne County Case.

/
The Supreme Court Of the State of Ohio
opened yesterday morning at eight o'clock
and announced its decision in the Wayne
county contested election case, on an appeal
from the decision of Judge Sample, by
which the Democratic candidates for coun-
ty Offices in Wayne were declared elected.
The case involved the question of the con-
stitutionality of the law of 1868, giving
persons absent in the military service of the
Government the rightto vote at all elections
in this State.
Chief Justice Brinkerhoff announced as
the decision of the Court that the law was
constitutional, and therefore in full force
and effect, and that the elections held under
1t were valid. The decision of Judge Sam
pie in the Wayne county Common Pleas
was reversed, and the Republican candi-
dates for the several Offices contested de-
clared duly elected. at
Justice Brinkerhoff also stated that Judge
Ranney, who was absent, dissented from
the decision of the Court. The dissenting
opinion will doubtless be published in due
time. I
The result of the contest surprised no
body. Although there were. many who
were firmly Of the opinion that there is
nothing in the constitution authorizing the
casting of votes outside of the Jurisdiction
and geographical limits Of the State, there
were few, indeed, who anticipated that, in.
the present condition of the politics of the
State, the Supreme Court would render
decision contrary to the one they did. ..
The cases decided are those of Henry
Leham v. John X. Mcbride, Gideon b.
Somers v. Charles Z. Graeter, Anthony
Wright v. Matthew w. Pinkerton, error to
the Court of Common Pleas Of Wayne
county. The following conclusions upon
the points presented were announced as the
opinions of majority of the Court: 4.
1.-The finding and Judgment of Court
of Common Pleas made In case Of contest
ed election brought before 1t by appeal uii-
der the statute, are subject to review In the
District Court and Supreme Court, by petit
ton In error. 49, ta.. ~. r.ra
2. The act of April s13, 1863, !"to enable
qualified voters of this State, or of the Uni
ted States, to exercise the right Of suffrage"
was intended to enable. qualified voters of
the State in the military service to vote In
accordance with its provisions as well with
out as within the territorial limits Of this
State. .llI.t..las. s .l.5s .s
g. Said act Is not clearly In conflict with
any Of the provisions of the Constitution
of the State, and Is therefore to be regarded
as a constitutional and valid enactment.
a. Under the provisions of the seventh
section of said act, the poll-book of COM
pany which designates the letter OF the
company and the number Of the regiment,
Is sufficient in substance, although the par
ticular arm of the service of which it may
form part be not expressly designated,
nor the fact that 1t is all Ohio company and
regiment; 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 adjudge as the Court of Com
mon Pleas ought to have done, find the law
and facts Of the case to be with the said
contestees, and adjudge accordingly.
Judge Ranney, as we before said, dissen-
ted to the decision of the majority.
After making an entry upon the journal
allowing parties who have upon the motion
docket motions. for the allowance of writs
of error, or for leave to file petitions in er-
ror, to withdraw the papers and motions
and apply to Judge in vacation, the Court
adjourned without day.