The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-01-26

"a ,rou,,d of contest IL, That the
who held the eiGStloiI .. IL
Holmes box were not sworn Inc PRIV fnHp
iains This charge rs matter VI IT. IL
S-'t H., C,tnr,jttee are unanimously OF the
,,,t,.t,n .uat the failure 10 comply VIII w
t,T ia this respect. is but mere lTreSuiEaIl-
~ which does not effect the validity Vi Ine
election. 1T tho election |
-. ,he Terrene box was illegally held'
a. THO testimony shows that the lnspeCIole
kent no tally sheet and made no c3" ~ ~ |
the board of registration compateu VIC -
IL. with the names of the persons VINO
voted, and found that they COlIo
This is "A mere irreeularlty. IL, NOR, Of
tbe Terrene box were lnduGeu py oiio0i9
and corruption 70 support ouIii' ,'ltai, ibis
There IS no testimony to sustain lhis
'ii The 9th, and last ground is, that the Reg
istrars of Bolivar county were All Oh tiie
Radical party, ana allied, by nio0u oI ~
deputation, closely with the kadical can"''
As matter of fact, the committee nnu
this charge sustained, but they are Oh the
onjnion that, while the law has been shame
iessly disregarded in the appointment OF the
Registrars, the Nallulty Vi tue ei0N''0'A -
NOT be affected by it.
All of the testimony which was before the
committee, except portion OF the testlIIo-
nv of Col. Clay, is in writing, ana accom-
panies this report
the committee. as to what effect the forego-
ing findings would have. That Is, wnether
a new election must be ordered, or whether
Gen'l Chalmers is entitled TO take Tue stal
claimed by Mr.. Sullivan, without new
election. ..-.
Mr.. Sullivan, according to the testimony,
is ineligible for two reasons:
l. Not being a citizen OF the the hlted
States, he cannot take the oath OF office, ana
hence. by section ID, article ID OF the Con-
stitutIon, he is ineligible, and by virtue OF
| said Constitutional provision, Gen. Chal-
| mers, having received the next highest vote,
is entitled to enter upon the duties OF the
| office.
3. Being liable for public moneys unac-
| counted for. he is also, for this reason, incl
| ioible aud the same Constitutional rule, as
to the person receiving the next highest
vote, applies
| that even if Mr.. sullivan received the high
est vote. he cannot take his seat, because OF
| his Constitutional ineligibility; and that
| Gen. Chalmers, having received the next
! highest vote. is entitled TO be seated rs Sen
atOr from the 2Sth District, in accord
| ance with the provisions of the Constitution.
1t was urged by counsel for Mr. Sullivan
| that he could not be held to be liable for
| public money unaccOunted for, until his
liability had been iudicially ascertained.
| This point was made aud overrulrd by the
| Supreme Court in the case OF Brady VS..
| Hume, 80, Miss. p. Cos.
Under the decision in that case, the posi-
ton is utterly untenable.
If the votes at Glencoe box, are excluded
| in accordance with the views of the major
| ity OF the Committee hereinbefore eN-
pressed. General Chalmers is entitled 10. be
| seated. for the reason that hG has received the
highest number OF legal votes cast.
| Sullivan's vote as returned, Is 1883. De-
| duct from this 279t2, that being his proper
tional share of the whole number OF illegal
| votes cast at the Glencoe box, AS before ex-
| planned, aud his vote would be S0412.
| Chalmers vote returned, is S97.
| Add the seven votes excluded at the Shu-
tordville box, and his total vote would be
| 904.
Majority for Chalmers over sullivan,
! 1882.
/ For the reasons given, the majority Of rho
| committee recommend that James II Chal-
mers be seated as the duly elected Senator
from the 2Sth Senatorial District.
| II. o. REI NOLDS, Ch'mn.
| r. II. THOMPSON,
| Il. &. CATCHINGS,
+. g. BARRY.
Mr.. Reynolds offered the following resolu-
| tions:
l. Resolved, That NJ. b. Sullivan is not
| eligible to a seat in this body.
| 2. Be it further Resolved, That NJ. Il. Sui
| livan did not receive at the election held in
| this State on the 2nd day of November 1873,
| the highest number of legal votes for the
| office of Senator from the 2Sth Senatorial
| District.
3. Be it further Resolved, That james II.
| Chalmers, received the highest number of
| legal votes cast at the election held i'm this
| State on the 2nd day of November, 1870 for
| Senator from the 2Sth Senatorial District
| and that he is entitled to be sworn in and
| seated as a member of this body
| Mr.. Pratt stated that he had not had time
| to prepare his minority report, and request
| ed until tomorrow.
| MIR. Reynolds moved to make the subject
/ the special order for tomorrow (to-dayJ at
| lO12 O'Clock, at which time the minority
! report could be presented; carried.
Mr.. Hooker, chairman, reported the pre-
sentation of large number of bills to the
| Governor.
SAD ANNOUNCEMENT.
just before adjournment Senator Barry
made the following announcement:
Col John b. Sale, of Aberdeen, died at
four O'Clock this morning.
a meeting of the Bar will be held in re-
spect to his memory i'm the Supreme Court
o'clock
All members of the Bar from the Bird
(Northern) Supreme Count District at pres
eht IN the city, are respectfully requested TO
attend.
Adjourned.