Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1868-08-12
Rates Of AdvertIsinE.
THE KNOXVILLE WHIG.
Knoxville, Team, August ~. 1858.
Important Decision.

TLAs sEARLs Es. }. W. WILLIAMS.
rbis s an application made under authority Of
..ljops sO5 10 500 inclusive, Of Che Code.
Rr The petition and exhibits thereto filed, it is
.t,ar that under Tho act Of February, 1885, az an
.-..t5p held on the 2lst of March, 1853, in Frank,
lin county, for the Office Of County Judge, the petit
.,1sr received nsjorily Of all The votes cast was
...rmissoned by the Governor on tho 2sth of
March and that be took and subscribed the oaths
r. 5Hcs On the 9th Of April, 1853, and BY special
.Irr Of The Governor was formally inducted into
r5sby D. T. Davenport, Commissioner Of Regis
.-si5n or said county Of Franklin, on the 18th Of
Arril 1853 THAI petitioner, on the first Monday
# April. 1853, appeared before the County Court
franklin 10 assume the duties of bis Office when
.gl uhcro be was refused, and by said court gpe-
ssIIy and eljJ.tci by an order Of record from ex-
,rBs The duties Of his Office and from controlling
s t5ols and records Of said court and that on said
r.s. mentioned day the petitioner demanded Of J.
rs Williams, former aud then acting chairman Of
r.d court. The books aud papers entrusted by law
. .hs rossession aud care Of The presiding officer,
.rI lhnt aid demand peremptorily refused.
These facts appearing prjBla Jaee, this court up
.r ,bg prayer Of tho petitioner issued order 20
aid Williams 10 deliver The books and papers in bis
recession 90 former chairman, &ca 10 the custody
# The petitioner, or show cause on day specified,
aud I'd Winchester, why said order was not obeyod.
Quappcation Of counsel for both parties, the hear
ng has been postponed until now.
The respondent in bis snswer denies that an cleo
agB, specified was held either in law or IN fact;
rbal the petitioner received majority Of the votes
East and aycrs that the election referred TO was only
ev,T ~
rcning fraud generally; and especially that polls
we're opened only At ten Of the sixteen districts Of
Che county and that polls were opened and votes
a.iyod and counted al the town Of Deoherd, with
aa. authority Of law, and that the county court of
ad county, in full session, had declared the legal
tights Of the petitioner void.
Respondent further AYERS that the commission Of
petitioner is not genuine-thAt in fact II was not
the act Of, never having been signed by, the Gov
.uof-puHJ the Order Of the Governor 70 The Com
ni sioner Of Registration alike without official
allhorty, and that said Commissioners acts were il
szai and Void-that the petitioner is ineligible to
he office Of county judge; and finally the respond
ent presents, as bis ground and reason for dsobey
ng the order 10 him directed the action and record
of The county court of said county at Franklin.
The question conclusive under this proceeding is,
was and the petitioner Judge dc faclo of the coun-
g court Of franklin county under pTaiG faeie legal
authority II So the order of the court in the pre-
uiaas must be made imperative. II not such Judge,
be answer Of respondent must be accepted, and the
petition and proceedings Hereunder dismissed.
The return Of the Commissioner Of Registration,
well as testimony introduced on the hearing,
how that an election sgas held and the certificate
altho commissioner shows that majority of votes
cast for the petitioner and that said election
Fr held al the lime prescribed by law. Then, in
lo absence of regular contest entered aud tried,
'ror trial, il was the duty Of the Governor TO issue
nl deliver a commission The testimony Of one
witness ia introduced, TO the effect that the sigma
ro Of The Governor and Secretary of State append-
I'd 20 the commission in question, neither in the
daad-wrting Of said officers.
Withou. deciding on the competency Of such tes-
"nguy for the purpose Of assailing such official
document, il may be remarked that il is often the
.Fo that such official papers receive official sigma
.are. by an authorized private secretary or clerk
aad such arc valid for all legal purposes. Then in
Obs case il it be admitted that the official sigma
'arct of the Governor and Secretary Of State are
not ia The proper handwriting Of those officers the
ircuce Of the Great Seal Of the State will author
na This court 20 esteem and accept the commission
.he authorized aet of the Executive.
As 10 further initiative ateps, the court csteems
1e aot Of inducing into Office by the commissioner
. resislration as unnecessary; for the commission
o. The Governor and the taking and subscribing the
ea.hs Of Office were an induction into Office. No
lr,her additional authority was required
A. b. the general ayermont OF fraud and ilegal-
r IN connection with said election, thin court can
l-. take them into consideration for the want Of
middleton aud II the question 9f jurisdiction
otherwise, the esue presented il this proceed
rs would not permit their confederation, as they
matters alone g. be relied on and considered in
cases Of contested elections. Section $50 Of The
Code provides thrt the circnii court shall hear and
determine all contests Of the election OF sherifs
clerks Of The circuit criminal or other courts, whose
clerks are elected by the people, except clerks Of
lhe -ounty court Section s5s of the Code provides
That the county court shall hear and determine al
cases Of contested elections Of justices Of the peace
'lnlIa5es county trustees county registers, county
.ourl clerks, county surveyors or rangers; appeals
from which lie TO the circuit court.
After providing for the trial of contested cleo
lions ior supreme judges, ohancelors, &C. section
..5 Of The Code provides that contests for all other
Judicial officers and Of district attorneys general are
el before the chancellor Of the division in which
-leh eieoon was held a fair construction of this
aIe gives the Jurisdiction Of contests for the cleo
--- ol county judges 10 chsncellors. Respondent
.'-l-e insist that The proper jurisdiction in such
-' ia The circuit county court, and as authority
s' 10 The case OF Ssfrons VS.. Ericsson, Sd Cold
'..' page l. b prove that county Judge is not 3
..1'1ai oihcer But in the case cited, the court
imply holds on that point that q county Judge Is
'' '-'' judicial officer 10 require election a.
lLlae 5eparsie iron general county elections. But
I be admitted that the county court has jursdic-
"oD 20 'eeA case Of contest, then the record and
proof snow thai no regular Gf any contest in this
case was entered
The reeofd OF The county court shows that the pe-
liionel presented his commission and oaths Of ohce
before said coarL and proposed 10 enter upon the
q. 'sresf his Official duties and that thereupon
nber Of the bar and citizens Of the eoun-
u against sn6 asked lesye Of the court 70
80 iisstion Of Che petitioner, which leave
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