The Richmond palladium. [volume] (Richmond, Ind.) 1855-1875, 1869-02-09

i Trustee, also lived north BY operation
of law and this appointment, Lynde and
Lacey, though living north, were COM
PEELED to offlciate south, and Rosa, living
south, had to go north. No one was au.
thorized to make any different arrange
menta2 To have made one, would only
! have added conf fusion to iderangement at
both places. z18os1 -1saafey 7at'3o
/ In all these Specifications not word
| Is said about spurious tickets or stufsng
I b aAo. 5ores. Each is predicated on the
technical irregularities ofelection officers,
and are alike applicable to each poll,
and with the inmaterial exception that
the officers Of the south poll adjourned
across the street into q room which hap
! pened to be ont of the precinct, and went
| to restaurant for the oysters, while
those of the north adjourned to room up
/ stairs in the same building where the
election had been held, and had the
oysters brought to them. jsBut do mere
+, irregularities invalidate the election? I
Iadmit they may be SO gross as to amount
4 to aeood cause; and that the line be-
tween those material and innsaterioI is not
| well defined. The best rule have been
able to find, is this: If they injure the
Illegal rights OF any candidate, or de-
fraud enough Of the voters to change the
jresult, or be absolutely and irreconcila--
bly, repugnant, the election will be set
aside. Buff an election has been con-
Quoted in good faith, not producing any
| of these results the proceedings will be
affirmed In Cushing's Law and Prac-
tice of Legislative Assemblies, under the
head Of ELECTIONS as affected by the
qualifications and conduct Of returning
tsofficers," page seventy-four, the author
| says: ssThe following cases are selected
from a much greater number as exam
pies esofirreguiarities of in the conduct of
r eturning officers, in the observance OF
the acquisitions of statutes. which have
be en- held to be merely directory stat
| utes,. and which have been considered
insufficient 10 inyalidate elections. name
Iil,: where the ballot box was not locked.
as required by law but was only tied
with a tape, aud was also placed in the
jcustody OF a person not authorized to
have charge of ii; where instead or a
ibox lock ed Or we'll secured, a gourd
carefully stopped and tied up in q hand
! kerchief, was used: where there was an
omission to give the notices required by
law ia two considerable places within. an
election district; where the returning
officers did not meet for the purpose of
/ making their return stiil after the time
1 appointed by law: where the poll clerks
appointed by the Sheriff were Eot sworn
till after the election, or were not sworn
at II; where the number of votes being
required by law to be set down in wri-
ting, was set down in figures; where the
.return of the votes was ms ealed. instead
iof being sealed up, as required by law;
where the votes were returned af-
ter the time prescribed by law;
1 vvba nGto oft oil
I ton, in the belief that illegal votes had
been received, stopped tho balioting and
comm enced anew; where the. warrant
calling the meeting for an election did
not specify the time when the poli
should be opened; where the poll was
not kept open each day the number of
hours required by law. In all these Ca
Uses, there being a substantial and good
election, notwithstanding cthe irregular
4 iiduties complained off, the proceedings
tv-ere not inyalidated.' edT SCR bszaaIg
nAD rrs cANvAsstRs RIGHT TO DECIDE
p 3ts5ssit!ss ss25 - THE CASE !? st1+.f3D
This Board of Canyassers, after hear.
ing the caases of complaint assumed to
ifdccide them judieially; but instead of
I doing SC in the usual judicial manner,
cleared the room of spectators, and went
into an election on the merits Of the ball
lot box, and .Seat the box twelve to three.
When remind efl that such a course might
endanger the State ticket. it was replied,
they would reject the poll if it carried
the whole State ticket with it, These
gentlemen may have thought public in
terest jnstifiel this crusade On the whole
I poll if not, shat Of Mr.. Julian did. Had
his interest not required it, would it ever
/, have been thought off If tue toma-.
hawking of that poll u had not been
/ enough to save him, and that Of the 9th
er would, Goes any one doubt the irreg-
| ulrities there would not have beea rails
I ell there and it, too, would have gone
through the ordeal of this new ball oting
process That the whole proceeding
was an arrogant assumption is too clear
for r debate. Our Supreme Court has
long since settled the question In the
case Of Brewer v. OBrien, 2 Ind 43D.
the Court SAYS With regard to this
point it may be observed that the duties
| of both, the Board of Canvasscrs and the
Clerk, in making the estimate and dec
laration required, are purely ministerial
It is not within their province to consid-
er or determine any questions relative to
the validity OF the election held or the
votes received by the persons voted for
They are simply to cast up the votes
/ given for each person, from the proper
election documents, and to declare the
person who, upon the face of those doc
uments, appears to have received tile
highest number of the votes given, duly
elected to the office, voted for BY
ministerial is meant opposed to judicial,
as the Sheriff is ministerial officer, re-
quired to execute his process without
judicial discretion. But still further
Article !, Section 5, says: Each House
shall be the Judge of the elections, re-
turns, and qualifications of its own mem
bers.' And how judge of the ,eturns,