Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-11-13
THE CARK0LL COUNTY CONUND'
Rum SOLVED.


Gov. BROWN, having been interro-
gated by the sheriff Of Carroll county,
as 10 whether the law made it impera-
tive upon the returning officer to give
the casting vote in the tie between Cur
tbs and Brooks in that county, replied
to the sheriff yesterday in the afirma-
tive. The Governor was unhesitating-
ly of this opinion individually, but con-
sidering the gravity of the
question, sought the advice OF Attor-
ney General Heiskell, and a telegram
from that officer was received yester-
day concurring with the Governor IN
mis- decision. This dispatch, with d.
rectiens to act, was forwarded to the
Sheriff of Carroll county. The pro-
vision of law referred to is contained
in section SO of the Code.
And thus has the Carroll county CO.
nundrum been solved.
The following communication, based
upon a view not altogether In harmony
with that taken by Gov. Brown, and
which was handed to us before the ac-
ton of the Executive was ascertained,
is. however, well worthy of considera-
ton in connection with the case, which,
we believe, is altogether without prece-
dent. so far as our Legislature Is con-
cerned:
| To the Union and American.
BY what authority is the Carroll county
conundrum" to be solved? The case isone
of tie vote between two parties-Curtis
aud Brooks-for the office of Representa-
tive in the General Assembly from the
county of Carroll.
Your comment of Wednesday touching
the case, properly regrets and justly con-
demns the lack of organization in the
Democratic party which led to the result
| in the November election, and also that in
the August election, which gave Carroll
county Republican Sheriff; and proceeds
TO specially deprecate the fact that the
Sheriff. as returning officer of the cleo
ton, is empowered, under section So,
article 9. chapter 2, of the Code, 20 give
s'the casting vote" and determine which Of
the two persons named shall be the Repre-
sentative of Carroll county in the General
Assembly.
In such a case, does this extraordinary
function pertain to the Sheriff? We thinR
not, and for the following reasons:
FTrst-The Constitution of thu State Of
Tennessee (sec. II, art. 2,) says: ''Tht
Senate and House of Representatives, wher
assembled, shall each choose a Speaker and
other officers; be judges of the qualified
tons and elections of its members" and 81
forth.
Secondy-Sections s77 and SIS of arti
Gle o, chapter , of the Code, says, referring
to sec. S72 quoted in your article, and thost
intermediate:
ain all other cases Of persons elected bl
the cote Of a single county, or distric
thereof the returning officer Of the county
shall make returns of the election TO III
tribunal before ,chom the officer Is required
to qualify.
"Tbeperson receivingthe highest numbe
of votes for member of the General Assem-
bly shall be declared duly elected, and {
certificate of election issued TO him, and {
statement Of the Uote made out and trans
uitted immediately to the Secretary Q
State"
Sections So and SO inclusive, obvious
ly refer to county officers proper. and t
| single civil district officers, whether com
| missioned by the Governor as Magistrates
or entering upon their duties by bond, lie
| gally approved, as other county officials.
The sections quoted evidently have dis
tinet meaning, for that referring (sec