, 1875-05-06

iLo State Central Committee ignominiouslJ
oustcd from his position.
~--.--...--
coNTEsT1No TILE CHARTER ELECTION.
4 week ago We called the Intention Of tho
Citizens Association to the Legal method
provided BY The law of the State for contest
ing tho so.called election on tho adoption OF
tho charter Of 1872. The charter itself,
which is law OF the Stale, provides, in Sec.
81, M follows:
The manner Of conducting and voting at elections
10 bo hold un1rr thls act, aud cousest!rg tho samc,
Tie tttptaa of tvfss and eanrassing shs ros shall
he the sune nearly may h. in Tie Of sitc-
ot. af county cldttfs, andts sM oens7a1 iart u ths
Sat<. Tho Judges Of election shall sproint c1erka
when necessary 10 ill racancieh. and the Judges and
clcrks shall taka the same osth and hsEs tbs sane
powcra nd authority the Judges and clerks of zen
ata1 Htate alecious.
The General Election law Of the State, pro-
ridos, in Sec. III. for cases Of this character.
That mud succeeding sections read MS follows:
Any vo electors 1t tho county nay contess cleo
lion upon any subject which nas BY !a.s b submitted
o roie of it ptop1s n The county upon ding in ths
Circuit Court within thirty DAYS after tho reat Of the
slection shall have been determined, written stato-
1ncnt in Ike In othpr OF contested elco
defendant, anl rrocess served In suits against tie
county and like prpccctngs shall b. Ind in otar
cascs Of contes,ed elections before such Court
/ SIC. 11a. Tbs Judgment Of The Court In canes Of
eontested elections shall confirm snnul Tho election
according to tho right Of the mater or, In csss tho
conteat Ia relation 10 the clscon Of pesson to
IN onicet bhAlt declare elected the person who sbs
| sppeAr to h luy tectod.
SEQ. 11t. a certified copy Of the Judgment Of ths
Court hhs have the eoct II tbs rosult Of the
election - II had bean dselArsd By ths
err.
SEQ. 113, In III cakea Of contested sleconA In the
Circuit County Courts appeals may b. taken to tho
| Supreme Court In the sAins manner and urou Ike
conditions Il provided BY law for taklng appeals
| cAaea In chAucery from ths Circuit Courts.
It is also provided that proceedings In the
| Circuit Court in casea Of contested elections
| ehnll bo in tho same manner aQ In oLancary
cases.
Tie present proceeding befors Judge Will
nMs is substantially to hayo the election de-
c1ared void, or to hava any declaration Of
the result Of that election pcrpetually en-
joined. This is 4 summary proceeding, and
ID wholly independent Of tho proceeding a,.-
thorizcd and provided for by law In which
tho election itself may bo contested aud de-
clared null and void by the Court Rs in other
cnsos, upon tho merita II Judge WILLIAMS
ahall decide that tho declaration Of the can-
yass Of the vote can bo enjoinet, Of course
IN appeal will Liz from that decision, and tho
matter will 60 up to the Supreme Court upon
that question, and not upon o Judgment Of
tic Court upon tho validity Of the election o.
shown by legal formal contest. It is posi-.
bic that the morita Of tho election
Of April 20 can' b determined in
tho proceeding that has been inssi-
tuted. and that tho procedure to contest that
election ia unnecessary but, Il this should
not DO tho case, md to set aside the election
will require, after all, resort to the statutory
proceeding Of formal contest, 1t appears to Us
that tho inter proceeding ta the most direct,
and the one by which a final decision can
sooner be reached. 1t III wolf for tho friends
Of tie charter Of 1872, aud Of those who op.
pose that charter, TO remember that no pro
ceedings in the Circuit Court In this caso are
1inal. Il this eharter OF 1879 is to bo lockei
up in the courts, carrying with it the charter
of 1875. for yoar or two, would 1t not b.
well to have such case go up TINT tho do
oision Of tho Supreme Court would cover aat
finally dispose Of the whole matter7
Tho question, whether the election Of Apri
o3 was legally conducted or not, is the nair
point at issue. Il that election WAS held Ii
substantial compliance with law, then tht
charter was adopted. Il, however, It was no,
10 held, then, like any other election, upor
contest it may bo dec1ared void by tie Court,
and the judgment OF the Court In such caae
has tho sama effuot as tho official canvass
The law governing the special elootion ol
April 20 requires
src. 81. The iuages Of .setion shall ehoos. tws
1asHous, having similar guadpstlons with neu.eltes
to Act ~ eEsrks Of election.
Hgc. ID. Thara shall b. N opening In ths Il,
Of each tbaot) boz not larger than IL suesnt Ia ad
rt sp!s oossd ballot to bs inserted therein 1t on
, | time.
sko. a. Tho polla ah.ll h opsn.d II h N, an
continued opsn untii 7 p. m,
SIC. ol Each cieYk Of tbs election shdU ksep pol
iaf etc, Ths Of each eiootor voting saa b. II
ttFtd aran tae4 " tAs pos!-Eooks hy the c!e.ts,
hco. 1s Tho ballot ahsl bs folded by Lbs votss IN
. delivered to ons Of ths judges of election; II th
saasea ahan Ia sashea that tbs person Offering III
sots 'esa! yoses tue clerks ct election shau t1se
eht ndnt W tn potsF and bis nuub4r endsr ths pfoo
hcAdng in Tho polbcoks, snd ths judges lhA tpdaEs
On ths back Of ths ticket onxrtd tbs number cerre
spending x1eh the number On ths pol..bool1, N
: ahAu tmmsdtste,y put ths tcis, IN tas baot-to1.
. skc. g. 1hs Judges Of sset,ea sh.u allow Il laas
legal roes Of sach party 10 ths eonte&t into th
roon whsrs The seettou Il hsd to vi a. cha,snes,
Of vo.es II such election aud such eha,onasss ma
remain With th> DoArd ot Election until ts ta4ss 4,
| all canyssssd and the result declared.
:, axo, %. All the b4llots counted by Tbs Judges =,
. eaest.sn sh.at. Affair beinR 7eAa, " stsnas upon
stt!pG. thread OF t.ins. In tbs ordar In which II
hass bcsu read md shall then b. c41sfuuY an7elop
and s.a'td up by Tho Judges. and with ths t4 u vt.
ID returned.
u Eas law of tho stata o4 Illinois max
"a thess several details essential to an " ele
ag ton, atad where thsse Essential details a
.. wanting thero IL aud can bo 10 elsyt.o,,,
or tho so.easlsd election Tn April 20 thcrs var
or at several ot ths waras, tho following strtki1
I'd oMlaslonx