The People's vindicator. [volume] (Natchitoches, La.) 1874-1883, 1875-04-03

with instructions to fill it out in pro.
per form and in the usual manner,
and to pr0mulyate the election; assur-
ing the parties elect, at the same time,
"tIat it should be donc." Since this
time there appears to have been no
further action taken in the specia!
matter, either by tho Executive or
the Board.
Previous to the compiling of the
vote by tho Board, there had been
two objections urged as to the valid
ty Of the election by the then incum-
bent, He. Myers, who had, thereto
fore, held the Office Of District Judge,
by appointment, under tho provision
of tho Act.
These objections, which were somo.
what differently expressed in his ar.
gument at that time, may lie fairly
and more favOra5ly presented in tho
following propositions:
lst. That the election was invalid
BY reason OF tho Governors failure to
order it, in his general proclamation
| Of election.
I'd. That that part of the Act, to
wit: the I'll section, limiting his term
of service from tho date Of his APP
pointment to the I'd Of November,
1874, the time Of the general election,
10 unconstitutional.
Whilst it would seem clear that a
party, who is functus oEcio, is with
ont right to challenge OF contest the
claims of bis successor and whose
only remaining privilege, a. accorded
from public policy is to hold over
until his successor is qualified; and
whilst it is equally clear, that such
questions are not to be settled BY the
arbitrament Of the Executive or tho
Returning Board but by the courts,
yet, We do not object to discussion Of
them.
The LIST proposition urged, does not
certainly admit ofserious controversy
tho question is in no sense res
nora nor is it one longer open for de-
cisiOn.
AT q worry early period in our juri-
deal history, the doctrine was es-
tablished, and las since been uniform
" adhered TO-, that where the time
and place Of al election are prescvib.
ed by law, every voter has q right to
take notice Of tho law and to deposit
his ballot ut the tune aud place APP
pointed Notwithstanding the officer,
whose duty it is to give notice of tho
election has failed in that duty. The
notice to be thus given is only ad-
ditional to that which tho statute it.
self gives aud 10 prescribed for the
purpose Of greater publicity, but the
right to hold the election comes from
the Statute and not from the official
notice, 1t has, therefore, been fire.
Quently held that when vacancy
exists in 40 Office which tho law re-
quires shall be filed at the next gen.
eIal election, the time and place Of
which are fixed and that notice of
the general election shall also specify
tho vacancy to be flied, an election
at that time to fiji the vacancy, will
be valid, notwithstanding, tho notice
is not given and such election can
not be defeated by showing that a
small portion only Of the electors
were actually aware Of the vacancy
and cast their votes to gil it."-aliter,
it would seem If the time and place
Of election were not fxed by law
(Cooley's Constitutional Limitations
p. COZ & 603; People W. Cowles, l3tl,
IN. Y, $50; People vs. Bieuleam, Sd
CAL, AZ; State vs.. Jones, 10Th Ind,
356; People ~. Hartwell, 18th Mich,
$685. Dishon ~. Smith 10th Iowa,
2l2 State W. Orvis, Goth Wis, 235
and State W. Goetze, I'D Wis.,, 363.)
- Under the genius aud form Of po-
pulat government, it would seem that
20 necessary q right was q resultant
one from tho very nature Of the gov
eminent itself. 1t 10 certainly true
that the elective franchise is . privil-
edge conferred and guaranteed by
the constitution and the right of the
people, therefore, to vote for the of.
6cers of their choice, at such time
and place as may be fixed by law for
that purpose, can not be abridged or
denied by statute, much less, pre-.
vented or defeated by theExecutive'e
failure to order the election. It will
be readily seen, that should q con-
trary doctrine obtain, that all cleo.
tons BY parity Of reason, could sbe
made solely dependant on Executive
will, and, the franchise thereby be ef-
fectnally' destroyed. There can Be
no danger, however, of 90, dangerous
and mOnstrous .. heresy, receiving
judicial sanction until the courts shall
yield to tho influences of political
prejudice and overlap tho barriers
of law, precedent and established
usage-such an occurrence ID not sup.
n0sablA. 'gi}n = gc.:ih :!4iH /
Tho time and place of this election
'ssss ezpressly f1ed BY lav-ths cleo
ton itself was public and sotor;oxs Nc
shown BY tho fact that tho candidates
received . large plurality Of the entire
vote cast in the District and 6nslly
the vote east for chem WAS coanted
and the retarns made BY the same Of,
ficerp and in tho ssuae inannor a. in
the case Of tho other officers elected
at GIat time. These facts bring the
case clearly within tho rule above
quoted and must divest tho first Oh,
lection ofevsry vestigs Of seriousness,
Or plaasibility.
The ID objection. von1i NJ f3roi