The daily Argus., 1875-02-13

TFT CrHrANu- PoRFxR CASE.

TRn CxNxANU- Fo1TxR CAS1. ID
Opinion Of the supreme court for the
northern grand division Of the state OF II
linois, in cause submitted at Q term mere
Of, begun and held at Ottawa, on Tues
day, the eighth day OF September, ID the
year of our Lord One. Thousand Eight
Hundred and Seventy four.
JOHN Il; cLELASD' Appeal ar1 from Rock Island
sAsUri POhrsR.i Filed January 20, 1875.
CRAIG J.-At the general election held
on the 4th day Of November 1873 the de-
fendant in error was declared elected to
the Office Of treasurer Of Roek Island
county. @ ~
The plaintiff In error who was the op.
posing candidate for the Office on the Sd
day OF December 1873 fled o petition in
the county court of Rock Island county to
contest the election. ry
It is averred in the petition that no
votes were cast in the county for any per
son for the Office of treasurer except petl-
TONER and the defendantsin error that IN
the entire county the defendant in error
received fifteen hundred and ninety-two
votes and that the petitioner received mt
teen hundred and seventy-nine votes, max
ing a majority of thirteen votes in favor of
defendant in error. - +e Ff
That in Buffalo Prairie Township there
were registered and entitled to vote two
hundred and forty persons, that the en-
tire vote cast in that township was only
one hundred and thirteen, seventy nine OF
which we're fo- defendant in error and
thirty-four for petitioner, that the Judges
OF election in that township did neglect
and fail 20 continue open the polls until
seven o'clock IN the afternoon of the day
on which the election was held, but did
knowingly aud wiltully close the same be-
fore the hour Of six in the afternoon, and
for the purpose OF giving their illegal pro-
ceedings the semblance Of regularity, did
knowingly and wilfully run forward the
hands OF the clock used to indicate the
time Of closing the polls.
On account of this irregularity of the
Judges the petitioner asks that the entire
vote of the township may be rejected and
not counted ->A .,~
To this petition general demurrer was
filed which the court sustained and it was
dismissed. At-' q i-A' - 80
The petitioner brings the record here
and assigns as error the decisi IN of th.
court in sustaining the demurrer and dis
missing the petition.
Section forty eight Revised Laws of 1877
page 458, which was in force at the tim,
the election was held, declares, ''the poll
shall be opened at the hour of eight ciOcl
in the morning and continued open unit
seven O'Clock in the afternoon of the sam
day, at which time the polls shall be clos
ed" '@ 7"' ''~ ''''
Section Sc of the same act declares, 's
any Judge of any election shall Wilfull
neglect to perform any Of the duties requiI
ed Of him by the act he shall on coDvictio
thereof be fined in a sum not exceeding
$1,000 or imprisoned in the county jail on
year,or both at the discretion OF the court
1t was clearly the duty OF the judges {
election to keep the polls open until seve
o'clock on the day the election was he'll
and the legislature by the act cited, supr,
has imposed severe penalty upon ii
judges Of election for wilful disregard
duty. '. ~
But the question presented by this reco
is, what effect shall duty imposed up,
the officers, disregarded, have upon the I
suit OF the election, where it does not a
pear that single legal voter was depriv
of the elective franchise.
The substance OF the complaint made
the petitioner is this That the law requ
ed the judges of election to keep opeD t
polls until seven o'clock and they closed
six o'clock.
It's nowhere alleged that single vol
appeared at the polls after adjournme
for the purpose of voting, or that any vo
was deprived of the right to vote for I
reason the polls were closed one hour e
ler than required by law. -'' ~
No fraud is shown on the part of the
fcers in conducting the election. Tn,
seems to have been fair expression of {
will of the voters OF the township at
polls. 1t is not pretended that the defer
ant in error or any candidate for any of
had any knowledge of the act of the iudy
or were in any manner connected Cr ad,
ed the closing of the polls at an ear
hour than the law required.
Under these circumstances we are
prepared to hold that the voters of
township who appeared and cast th
votes shall be distranchised by reject
of the entire poll. In the absence
fraud and where it does not appear tha
single voter was deprived of the right
suffrage we think justice requires d
those who honestly expressed their viii
the ballot box should be protected, anG
the officers of the election have viola
the law let the penalty attached be impo
upon them. Ibis view seems to be j
and it is in harmony with the former
cisions of this court where similar gu
tions have ARISEN. In Pratt VS.. The Peo
20 ILL., page 81 this court held The RI
prescribed by the law for conducting
election are chiefly to afford an opportu
ty for the free and fair exercise of a
elective franchise, to prevent illegal vC
and to ascertain with certainty the res
Such rules are directory merely-not ju
dictional or imperative. If an irregula
OF which complaint is made is shown
have deprived no legal voter of his ris
or admitted disqualified person to "
if it casts no uncertainty on the result
has not been occasioned by the agenc!
party seeking TO derive benefit from
it may well be overlooked in case
this kind where the only, question is wi
vote was the greatest"
A question not unlike the one invol
in this case arose in case of the people
rel Willard Scott vs. the board of SUI
visors Of Dupage county, unreported.
question there was whether the entire
Of one township should be rejected becs
the Judges of election closed the polls
one hour at noon, when it did not apl
that there had been any fraud or that
voter had been prevented from vot
On the authority OF Pratt vs.. The Peo
supra, it was held that theeircuit court
erred in rejecting the entire poll.
In that case the question was whet
the entire vote of the township shoult
rejected for the reason alone that the !
IN, scIa oc a. IL