Fayetteville observer. [volume] (Fayetteville, Tenn.) 1850-1966, 1871-03-16

Il AChiICOoCO 'oOHh ~ -buO pcOpie
themselves ANONYMOUSLY and dis
honestly failed to perform his du
ties, there is in this code reserved
to the people themselves the right
in the most original and popular
waS to organize their own election
land make returns, so that they
Emay have the benefit of repre-.
I sentation based upon them That
lis the law. of Tennessee. 1t has
j been so decided to be- the law by
1.-THE supreme court of Tennessee
Hin several cases. One Of those
cases is reported in 4 Coldwell's
I Reports of the supreme court. and
lis in very many of its facts and
incidents like this case. % sd 2U1
{ | will here set out at length the
provisions of the code and fran.
chise laws which confer these pow.
ers and rights. 1t will be very
readily seen that the duties of the
4officers named are to be''performed,
] are TO devolve upon them success
,sively ; that is, if the commission
er of registration fail to hold tine
election the sheriff shall do so
with like powers; and if he is a
candidate, and therefore interested,
f'then the coroner and if the coun-
fty court fail to appoint the requi.
site election boards, then the COM
missioner; or if he fail, then the
sheriff, ina certain manner, shall
appoint them, and if all fail, then
certain justices Of the. peace may
do SO, or any three fceeholders, or
finally, the people themselves,
acting as it were in eetremiS, after
they and their interests are aban-
Edoned by all their constituted
rulers and officers; and so it was
lin this case in some districts.
1t was provided by the code of
Tennessee, page 226, section eight
hundred and thirty-nine-
"The sheriff, or, if he is a can
didate, the coroner, or, if there be
no coroner, some person appointed
by the county court, shall hold all
popular elections and said officer
or persons shall appoint suffi-
cient number of deputies to hold
said. elections"
| This section ofthe code wa mod
flied by an act of the General As
sembly passed February 26, 1868,
page 81, acts of 1S67-6S, without,
however, any reference to the
code in said act, and the same pro-
visions is tained in the last
franchise act, which is as follows {:
"That it shall be the duty of
the commissioner of registration
| of voters to hold all elections now
tat purpose, he shall have all of
the powers and that purpose, he
shall have all the powers and rights
that sheriffs now possess, and be
subject to lik, responsibilities, and
have fifty dollars per annum for
his compensation, as is now allowed
by law to sheriffs for similar servi-
ces; all to be paid out of the coun-
ty treasury"
Section eight hundred and for
ty-one of the same code provides
that
"The County Court, at the ses,
sion next preceding the day of
election, shall appoint three in
spectors or judges for each voting
place, to superintend the election.
"SEC. S42. If the County Court
fails to make the appointment, or
any person appointed refuse to
serve, the sheriff, with the advice
of three justices, or, if none be
present, three respectable free
holders, shall, before the beginning
of the election, appoint said in
spectors or judges.
"SEC. S43. If the Sheriff, or 9th
er officer whose duty it is to at
tend at a particular place of vo-
ting under the foregoing provis-
ions fail to attend, any justice of
the peace present, or, if no justice
of the peace be present, any three
freeholders may perform the duties
prescribed by the preceding sec
) tions, or, in case of necessity, may
act as officers or Inspector"
1t is not unworthy of remark,
Mr.. Speaker, in this case, that
the contestant here, Mr.. Sheafe,
during the war or several years
of it, was an honorable and faith
i full soldier of the Federal Govern.
ment. He had no connection
with these disorderly and lawless
organizat ons in that State. He
was a resident bona Jfde citizen of
Tennessee. 1t is no reproach te
, the sitting member to say that he
was not a soldier during the late
war, and it affords no invidiou'
contrast between him and the con