The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1871-12-07

On this subjectgHon. j. u. George, OF
Carroll, who stands in the front rank of
lawyers in the State, contributes the fol-
lowing conclusive paper to the Conserv-
alive:
Popular elections are instituted for the
purpose of enabling the people TO express
their will ia relation TO the officers who are
To exercise any of the functions of govern
ment. The object OF holding AN election -.
therefore. to ascertain the VIII OF the leRal
voters ia respect 10 the otncers tleh 10 oe
elected. Election laws are made 10 secure
this end. and not for the purpose OF defeat
ing this popular viii 10y technical require
nlents TO he observed by the Inspectors and
Others. who are charged with the duty. Inc
main and essential question IN all cases,
when an election is said 10 be illegal aud
void, is TO determine whether the irregular
ity be- OF such character as TO defeat tie VIII
Of the electors or ouly failure 70 observe,
by the officers charged with holding the
election. some rule prescribed for the regu-
lation of their conduct, which violation
does not defeat the will OF the electors. IL
has therefore, been universally held that
the failure by the Inspectors 10 observe any
rule laid down I'm the statute for their OBJ
servance, does not per Sc Vitiate the election
nor authorize the throwing out OF the bal
lots pollcd at the precinct at which the ir-
regularity occurred.
a contrary rule would tend To defeat in
stead of carrying ont the popular viii. The
Inspectors or other election officers who fail
20 observe the directions OF the statute are
punishable for such failure, but the law fix
as no penalty on the Innocent electors who,
in good faith, east their votes, anq they are
in no way responsible for the negligence OF
these officers.
On this principle, the following irrcgu-
larities will not vitiate an election:
!. The casting of illegal votes, unless it
eau be shown that enough votes We're cast
to change the result. Thus. III the majority
Of a candidate be twenty, aud his opponent
can show that ten illegal votes were east
for him, this will not vitiate the election,
because still the candidate has q majority OF
the legal votes cast.
2 The failure of the Inspectors TO take
| the oath required by law is an irregularity
Which does not affect the result becaHse the
! object of r, curing them to be sworn was to
secure a fair election--i. c. a fair aud hon
eft reception and counting and returning OF
| the legal votes cast; aud ID that be done
without the oath. it, would be "A strange per-
| version of the law to sacrifice the substance
which has been attained, to a mere form,
/ the observance OF which was intended only
| 10 secure this end.
). Ii inspectors act and hold the election
| who are illegally appointed, the cleton new
| erthelcss will be good, for they are officers
/ de Iucto, and the acts of all such are good
and valid as to the public aud thir persons.
D.. 30 III Tie IcHiSLIdTs are iittSdii1 APP
| pointed, or tail TO take the proper oath. their
! acts will nevertheless be good, If they actu-
/ ally hold the office and discharge its duties.
>. And any failure of he Inspectors 10
! make the registration according 10 the re-
| quirements of the statute will not vtiate
the election, provided only that all legal vo-
tPrs had All opportunity to register, and 40
illegal voters were allowed 10 register.
g. So any failure or irregularity in the
observance of the statute as To the mode and
time of canvassing the votes or making
proper returns will not vitiate the election.
And i'm short. it may be laid down a. an
universal rule, that no failure Of any officer
to discharge any duty required of him by
the statute in relation to an election will
have any effect whatever to invalidate il.
provided All election was actually held at
at the time and place prescribed by law,
and enough WAS done 10 render it certain
that only legal votes were cast. and that
they were fairly and honestly counted.
Any other RUE would subject the great
and sacred right of the people 10 select their
own rulers to.be defeated by the accidents,
negligence and caprices of those who are
selected to hold the elections.