Democratic enquirer. [volume] (M'arthur, Vinton County, Ohio) 1867-1873, 1868-12-31

U"0 VIM VI Tue MINORITY, ana per-
sous to hold office who have been
clearly defeated by a majority Of
the legal voters, unless the law re-
quiring the election to be held and
conducted in q prescribed manner
be- clearly mandatory or impera
tive in the requirements, and not
merely directory. And laws may
be vital for some purposes and d.
rectory only tor others Our stat
ute simply prescribes that the polls
shall be opened between six and ten
o'clock, A. NJ, and closed at six
o'clock, P. M. 1t does not provide
that If that be substantially done.
though not actually, for every mo,
aaent Of the time between tho open
ing and closing, the election shall be
roM. 1t does not forbid a Temporal.
ry suspension of the voting, by a
recess, taken in the exercise Of an
honest and sound discretion by the
judges, when the law is, after all,
substantially complied with In
some places, the great number Of
voters will require the polls to be
kept open all the time between the
opening and closing Of the polls.--
In others, there may exist no such
necessity, owing to the small num-
Der of voters or other circumstances.
In many places, all who wish to
vote in tho forenoon, vote before
dinner and thon go home and dine,
while those who vote in the after
noon wait until they have dined be-
fore coming to the polls, causing a
lull in the voting. There is not
anything improper in the Judges
adjourning for their dinners, in
such cases, especially if they invite
all who wish to vote before they SO
adjourn, unless the law is impera-
tive and not merely directory, in
which case it could not. be done
without rendering the election void,
as the inquiry whether the Legisla
ture made it vital for sufficient OF
insufficient reasons, would be pre-.
cluded. The controlling reason
would be, the Legislature has made
the law mandatory.
But the law only provides a pen.
atty against the officers of an elec-
tion who improperly neglect or vi.
olate its provisions. Yet such liz.
bility to punishment does not nee.
essarily affect the validity of the
election.
lffraud is averred, or anything
else materially affecting. results, and
irregularities and departures from
the forms and requirements pre-.
scribed by law for the conduct o.
the election, are, in any way, made
the means or become aiding causes
Of it, then,ss they will be closely
scrutenized, and with it, may rem.
der the election void.
He claimed that the foregoing
principles are settled by the decis
of the Supreme Court of Ohio
State, &c, Taylor& Scarf Us. Foster
Is 0. S. R., p. 144; Foster rs. Scarf
Is Q. s. R., 537; Howard Us. Shields
16 o. S, r., 190-192.
The only case to be found of {
decision by an Ohio Court, holding
that such closing of the polls foi
dinner renders the election held at
that place void, is one made by tn,
District Court of Hamilton county
in 1867, report Of which is founc
in the American Law Register, fol
December, 1867. The opinion was
pronounced by Judge Brinkerhoff
Of the Supreme Court. 1t arose out
of an election held for Mayor of Mt
Airy, in that county.
The holding deprived both can
didates of the Office, and resulted il
the old Mayor holding over. TIL,
case was only argued upon on,
side-that to sustain the validity o
the election. No authority was re
ferred to by counsel or Court. TIL,
reason assigned for the decision is
that the legal right of the voters I,
cast their votes, during the recess, ,ca,
destroyed BY it.
But ifno voter attempted. or ever
pesired to exercise his right during
that time, it is difficult to see anS
injury to any body, or how any vo
ters rights were actually denied tc
him, impeded, or interfered with
Besides, if all reasonable opportu.
mites are afforded to voters 70 vote
at an election, that ought to be suf.
ficient. The practical exercise O
every right, in all other cases i
subject to reasonable Interruptions
and delays-and why should this
right be made an exception2 All
who undertake to do a particular
thing, within given time, and do
it, are expected only 10 substantial
ly employ hat time-interruptions
for ordinary necessary purposes,
merely temporary in their charac.
ter, being usual and natural Incl.
dents of all such undertakings and
requirements, and ordinarily to be
anticipated.
All that this law.would seem 10
require is, that exercise Of the right
to vote shall be substantially affor,S-
ed to every voter.
All deprivations Of right, all
wrongs, all injurious consequences
to anybody must be proved by the
contestants. In the language ofthe
Supreme Court of Illinois, In Piatt