The Daily clarion., 1876-01-25

lied in the box. the inspectors shall carefully
examine The registration book to ascertain
if it contains the name of the proposed vo-
ter, and shall mark the same svoted,' II
found therein, is another
The registration book, as aptly said by
| the counsel for the contestant, is the chart
| of the inspectors; and when. as in this case,
| they throw it away, all that they may after
wards do is, at least, so much involved IN
| suspicion and doubt and uncertainty, as to
SHIFT upon the person claiming the beEefit
OF the vote the burden of showing that,
notwithstanding the registration book was
not used, the votes cast were legal votes,
and that the result of the election, as de-
elared, conforms TO the will of the people.
Another important requirement. is found
! in section 377. of the Code of 1871. It is the
duty of the inspectors, when they have
com pleted the counting OF the votes, TO re-
turn the result with the ballots, poll book |
and ballot-box, to the board of registration,
who are required TO carefully examine and
review all the proceedings and returns.
II the names Of the persons voting are
not checked off as "votedn on the poll book I
it would be utterly impossible for the board I
of registration, to ascertain whether the
ballots in the box had been deposited by |
registered voters, or not. They could not I
tell in this case, that more than so votes had /
been cast by persons qualified to vote, for
only 80 names were checked Oft as voted /
on the poll-book 1t is necessary, in order
board OF registration, that they should
correspond in nIeaber with the names mark
ed 'voted" on the poll-book, and it is
the duty OF the board of registration when
they receive the returns from the different
precincts, to count the ballots and compare
them with the names checked off on the poll
book. AT this stage of the election pro-
ceedings, the poll-book becomes the chart
of the board of registration, as it was the ,
chart of the inspectors, while the votes were
being cast. 1t is clear that the Board had
no right to count any of the votes cast at
the Glencoe box, except the eighty which !
were checked off on the poll-book. AS
matter OF fact, we know, from the testimo- 5
ny of Col. Clay and Mr.. Montgomery,
that quite number of votes were cast by
persons not qualified, and whose names
were not on the poll-b book.
1t may be contended-that the list of names
taken down by the inspectors served all Fl
the purposes of the poll-book, as the
board OF registration could have g
compared the ballots with that list, and that +
list with the poll-book. q
To this we reply, 1st There is no evidence
nat the list OF names was ever returned to &
he Board of Registration. And I'd. That if el
{ was so returned, there is no evidence that al
ne Board of Registration did compare il
With the poll-book; and no such presumn-
ION arises In law, because the law ONLY pre-
umeS that officers do what il re6niraa
# them, and they were not REQUIRED
eAaihihe tnls list and compare it
With both the ballots and the noli]
'ook. This list was made nv pt1 the
Inspectors, of their own yolition. and by
oC III pursuance of any provision of the sc
aw. 1t certainly was not the duty of the
'oaId Oh heglstratlon to examine this Iist. y ~
MI hence the law does not create the nrn' -
umptlon that they did in fact examine II E'
The eighty legal votes should be distrih- N
ted between Mr. Sullivan and Mr. Galeo -;
! proportion to the number of votes ro M
irhed, as nave been cast for them at the
iehcoe oox, respectively. The one vote tb
'r Chalmtrs was cast by Col. CLAW as he flo
'stlfeS Sullivan received 929 votes OIL ~
ales lSo votes. making together 5l7 votes
he Whole number of votes cast leayino out for
coiiSidefation the one vote for Chal-
ers' Is 072 times greater than the leyal fall
OCes. 1hat is to say. 20, representino fba Iot
Sal votes, goes into 5l7, reDresentinS tho or
tai vote cast, 612 times. Hence, to ascer-
IN the proportion of legal votes to which
lilivan Is entitled, we divide 329, his total ..
,te as returned, by Ga, which gives him OIL
- votes; aud to ascertain Gales nronnnl we
oh, we Oh vide his vote az returned to-vit . 10
In other WORDS tha Iora1 , .o'oe' the
* s1and as follows: For Sullivan 5O1I 70; 70
ers | vote-TotaI so votes. The 5th N
o9hd OF contest is, that legal woes for pon
aimers were rejected at the ShufordsviIIa con
x IN Coanoma county. N
- Siio"H ChdG seven persons who were IN,
OtCteu 1 ID vote ana who would have voted MI
Chalmers, were denied the riobt to nar NJ
lpdGe III the election. 1t is also shown Vott
~ ABOUT nifty legal voters were refnsaI NJ
rl9ht TO vote, but as there is no testi- !,
Ia IIotIuIcaee lot which candidate thev e, oIo
u!u !u nave voted, the committee are Of Tho coul
nlon, that the result of the oiaat;o oi 'ne cocl
II DoX as declard, cannot be chanoed f,,r, M
Il thah 10 give Chalmers the seven votao the
we mentioned. 'o'09 NJ
-ne sixth SrOuud Of oo,4oz. Mes
pectors, who held the eIo.ti; oiiae e .iie land
niies DoX were not sworn. The proof sns M M
the Committee are unanin,n'I, VI laGC' intel
IN -; ;nao 1he failure to comply with the - -
III tnls respect is but a mere irre0nIari lnde
winch does not effect the validitv Of tho Th
;tion. '"i'ui'y oI the dow,
ne he IS seventh ground is that the election Nh
ne Ierrene box was Illegally ho,d O'ion auth
ne testimony shows that The insnactors IN c.
I no tally sheet and made no connt d. for &
board OF registration comporod ~ puC subSt
iCll tne names of the persons Who IN
~ ana found that they CORE ponded TO au
: Is mere irregularity. p0""ou' Fran
ne eighth ground is. that leadinos passe
ae aeirehe DoA were induced by briherv Fo
,,',a pCioh TO support Sullivan. coun
lere is no testimony to snsta;, th;. adopt
ge Ihis Mr.
le 9th, and last ground is tbot.hD incor
rs OF Bolivar county wera IN ine neg ComI
lcal party, and allied bv ~, VI tiie do no
I1ation, closely with the Rad;noj o Vi oy Of ia
;. 0"nui taw C
matter of fact the oon,n;.. SO, Co
charge sustained, but thew are o 70 i.hu M. ration
ION that, while the law hos 6ao, vi the legfsl
oisregarded in the eappointmane enaiie The
- tne validity of the election can Lac
'e affected by it. Can Mr..
Oh the testimony which woo hoeo, only 4
! nl1tee, except a portion of tha t',te Tue Mr..
Co!. Clay, is in writing and aa1ni empt
. tulS report "'0oin- proper
@ ,eral regal questions were nreso,to.,. bill pa
ittee, as to what effect tha f'e 10 The
nuiiSS would have. Thar ;n lego amend
erection must be ordered ~ ,t mheener The
~ Ihaimers is entitled tn tato tI.s "Ineener county
Gu Dy Mr.. Sullivan ,ri,L. No ouc seat The