Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-12-17
.0blo Statesl.lIloailjlll Il !.
~ IFrom the Cincinnati Enquirer j. ssi :,
Important JudfciaI Decision -
ssF ,frrop -Frafricide.


- from the Cineinnsti Enquirer j. XII Io|
Important JudfciaI Decision -
ssF .trHop rFrafricide.
g. g. 81 81 McARTHuR, o., Dec. I2, 1868. Il
y At the present term of the. Court a,of
Common Pleas of this (Vintonf county,
held by Judge E. A. Guthrie, several
contested election cases were tried and
determined, involving most of the ccoouun ccouunG- n
ty offices, filled at the election in Octo-
Der, the decision Of which IS of vital In
terpst to the people of the whole State.
Daniel Booth was declared by the
Clerk of the Court and two Justices
duly elected Sheriff /; Henry Reynolds
Auditor; Jonathan Brien, Recorder,
and Frederick w. Haynes, Commission
er, of Vinton county-all Democrats.
Their respective Republican opponents,
George Fry, William j. Rannells,
L. Hawk and Benjamin NJ.
Walker contest the election, and claimed
that they were respectively elected to
such Offices, because, in three townships
Clinton and Harrison-the
Judges of the election took a recess Of
about an hour at noon to get their din
ners, the polls being closed during such
time, after proclamation of the fact by
the judges Of the election, they inviting
all who wished to vote before dinner to
come forward then, and vote. In Rich
land township all the judges and one
clerkEwent to dinner to, the same house,
taking the ballot-box with. them. but
keeping it locked and in their: custody. /
In Clinton township. two. judges and
one clerk went together, taking and keep
ing the ballot-box, as in the case of the
other township. In Harrison township
two Judges and one clerk went together,
with the ballot-box, which they kept, as
in the other cases. 51ze yiis 54 - I5n
After dinnerthe election went on until
six clock PUN. .rs These are all the
facts proved, or attempted to be proved,
in the several cases.. .3i17 is9i5lJ 15FH
BY declaring the election void in these
townships the residue, of the votes in
the county would elect the Republicans
and defeat the Democrats, who had been
declared elected. ur.ia1iasH TO o7d-tod 81
Judge Guthrie, who is most decided
Republican, having, in fact, always been
an Abolitionist,, but, who has for some
years been recognized as possessing a
very superior legal mind and legal at
tainments, and. withal. perfect Judicial
independence and integrity, determined
to rule correctly as to the law of every
case without reference to the parties be;
fore him. or to mere outside censid era
tions. ....-.. y
HELD That in these cases there was nc
pretense that the recess for dinner was
taken for the purpose of perpetrating
any fraud, or'thato any fraud was com.
mitted by any person in consequence
thereof-no pretense that single voter
offered, or even wished, to vote during
the adjournment no pretense that, in
consequence of it, any voter failed tc
get the opportunity to vote, or was de
prived of his vote no pretense that the
candidates declared elected, tile contest
ants, or any of them, advised, consented
to, or knew of it; no pretense that il
affected the rights of one set of ieandi
dates or party, more than the other. ol
that anybody was affected by it at all in
any conceivable way, or that the result
of the election 1would have differed a
single vote if the recess had not beer
taken; and no pretense that a full
and fair expression of the will and
choice of the majority OF the lega,
voters of the county had not beer
had at this election. Such full anG
fair expression of the choice of the
majority of the voters, for the severa
candidates for the offices to be filled. is
the sole object ofsevery election. Th,
election itself is paramount to the mere
form of conducting it, prescribed by th'
law. The institution of elections pre-
ceded the laws, passed to regulate tn
conduct of them. The laws were mad,
for the elections, not-the elections fo
the laws and form must be held subor
dinate to substance; the rights of the peo
pie must net be sacrificed to the miscon
duet of the officers conducting an elec
ton; whole townships must not b
disfranchised for such official misconduct
and the will of the minority permitted
override the will of the majority, and pei
sons to hold office who have been fairl
defeated by majority of the legal voters
unless the law requiring the election t
be held and conducted in a prescribe
manner, be clearly mandatory or impers
tive in its requirements, and not merel
directory. And laws may be vital fo
some purposes and directory only fo
others. Our statute simply prescribe
that the polls shall be opened betwee
six and ten o'clock A. NJ, and closed a
six O'Clock p M. 1t does not provid
that, if that be Substantially done, thong
n It actually. for every moment of tn
time between the opening and closing
the election shall be uoid. 1t does NO
forbid a temporary suspension Q
the voting, by recess, taken i
the exercise of an honest an
sound discretion by the Judges
when the law is, after all, sub
stantially complied with. In some places
the great number Of voters will reguir
the polls to be kept open all the time be
tween the opening and closing of th
polls. In others, there may exist N
such necessity, owing to the small mum
Der of voters, or other circumstances
In many places, all who wish to vote il
the forenoon, vote before dinner and thel
go home and dine, while those who vot
in the afternoon wait until they hav,
dined before coming to the polls, causing
a lull in the voting. There is not any
thing improper in the judges adjourninI
for their dinners, in such cases, especial,
if they invite all who wish to vote be
fore they so adjourn, unless the law il
imperative and not merely directory, il
which case it could not be done withou
rendering the election void, as the in
quiry whether the Legislature made i