Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1871-01-10
pURFF VS. MAcKALL.
Tbs City Council Resolved lsis a High
CouFi-How It ExpSuads the Law

The two branches Of the city Legisla-
ture met yesterday afternoon. Mr.. Dun
can was reelected Chairman Of the Coun-
ell and Mr.. Modet Of the Board of AL
dermon. Much satisfaction was eX-
pressed. surely, the business Of the
city's law-givers will now be dispatched
with great good sense and rapidity. The
sole question for discussion by the Alder
men was the contested election case OF
Durf vs.. Macksll, which was again taken
mp by the Aldermen, last night, At 8
| O'Clock. Governor Harris and Nj. Beech
er appeared IS counsel for Mackali. Al
| 8erman Dwyer OBJECTED 20 hearing law
yars speak in the case, and moved that a
Committee of six be appointed TO investi-
gate the whole election and the
tickets in the ballO,-bOX. it WIS said by
persons outside the bar that the question
was already decided, whether rightfully
or wr0ngfully the reporter did not
learn. It was also said when the
proceedings were begun, that the
ballOt-b0x had not been carefully
kept OF watched or sealed up, until the
morning after the election; that its con-
tents might have been changed without
tue officers knowledge who had it in
charge.
DR.. Goodyear wished to be absent. He
was one of the Judges of the election and
his testimony w~ssldemanded. Heidi not
gain his point, but remained in charge Of
the Sergeant-a5-Arms.
ALDERMAN DIVERS NOTION.
When the process Of b~sllot-counting
was begun, Nj. Dryer moved that any
one wishing to @oms around and sea
what was going on about the ballOt-box
could come up and see that the thing was
fairly done" Meanwhile, the Board hay
ing refused to hear him, Governor Harris,
who appeared % counsel for Mr.. Mackall,
left the hail.
Mr.. Beecher remarked that this was the
FIRST deliberstive body, acting under the
laws Of the country, which, when asked,
had ever refused % hear the contestant of
an election through his counsel.
The Board was bent on being wholly
original, and leave was not granted for
the lawyers to speak.
HEssEs. WOLF, GOODYEAR DAVIS.
The ballots in the ballot-b box were
counted very carefully, so it is stated, by
the Judges Of the election, and i~ntrusted
to q deputy sheriff to be delivered at The
Shsrif's office. The box at that time
was unseslsd and e paper was put into it
bV this deputy which contained, IS our
reporter was informed, the statement of
the number Of votes pOIed for each can
didate, those ballots not being in
cIuded which contained the names of
more han VI Aldermen. This paper
containing these memoranda, taken from
the floor and placed by this deputy sheriff
in the box, thus came before the Council
men last night. C facts were asserted
by persons about the bar Of the house
yesterday evening. The judges OF this
election are men OF high character. Their
integrity and perfect fairness cannot be
questioned,
It was commonly stated, while the Al
d6rmsn we're counting b ballots, that
if it appeared that A greater or less num-
Der OF votes were given for either candI-
date than these EenGlemen-Msssrs Wolf, |
Goodyear and D1yis-had sworn was the
true number, 10 would be difficult to con
vince the public that the ballot-bCX had
been stuffed.
TUE Law OF THE CASE.
Section g Of the City Charter declares
Each Board shall Judge of the
qualifications, elections and returns of its
own members, Ii shall prescribe rules
the determination of contested cleo
The rule prescribed last night,
which denies counsel q hearing, is surely
very extraordinary, but the Board may
Justly think that no question has arisen !
on which it needs any legal or other In
formation
THE RESULT OF THE CONTEST.
After the above was written, the votes
"NH" r#aA""an --. A" "@- aE@-~ N--e r-.
box CDnlained more ballots than reported
BY the Judges of the election. The judges,
Aezsrs. Wolf and Davis, were questioned.
said that they counted the votes
5arefuuy, and that they made no mistake.
The two clerks Of the election, Messrs.
Finn and Rayusr, attss5ed the same facts.
TIE Judges stated that after the votes
counted, they proposed to accom-
Jsny Er. Martin. the Deputy Sheriff,
Who held the election. TO the Sherih7s
31Gs with the Uallo5-bOx. Martin said il
entirely unnecessary, as ne had prom
the Sheriff 70 taks it down himself.
Martin left the voting place on Adams
81 shout S:I5 O'Clock, and Sheriff Mill
or testified that Martin came to the office,
"a second and Union streets, with the re-
At 10 O'Clock. The election returns,
g counted by the judges, showed that
)urE had 1913 votes, leaving out the sever
on which four COUuCilmen were ,
.DLed for, six of which were for Mackall
one for Durf. The count Of the COM {
littes last night, leaving out these votes, !
bowed Is5 for MsCsau and Igg for Durf, ]
* more than be claimed and six
THAI were counted by the judges Of
he election. BY the last nights count, Z
here were lgI for Mscksll and 200 for
)UrH. The committee of Aldermen re-
rOrtsd back hat it was proper to adopt
be official returns as made By the Sheriff
the judges Of Jbe election. The re-
was unanimously adopted. and Mr..
fackaU wss sworn in as Alderman of the
bird ward. So endeth this first chapter ]
D the history Of the new city legislature.
MEETING OF MERCHANTs.-Au agree G
having been entered into. in wiring,
y twenty-Ous mercantile firms, receiv- .
rs Of grain, dOUr. feed and produce gen I
to sell on Change, as per sample y
r guarantee, a meeting Of the merchants
T the city is hereby requested at 4 Z
clock pm. to-day, 10Th instant, to regu- .
the same.
r. A. PINSON, 3
President Chamber of Commerce.