The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1876-02-23
RAILROAD TIME TABLE.
Arr,vaI and Departure OF Trains M
Dallas.
A LAW YER'S VIEW.
The Late Election from "a Legal
Standpoint,


There was u c0nyocation of the
brethren of the bar the day after cleo
ton. They met not to take sides
either with the few parties elected or
against the majority who were not,
but simply to attend to their affairs III
court. But Us the Judge was not
present they began, each In pompous
style, to tell what he thought about
the election. The whole trouble, as
hereinafter stated, came about In this
wise: One young attorney stated that
the ballots in the Duck Creek precinct
had been destroyed, Another said
the Judges in the First Ward wanted
to claim a mechanics lien on the polls
and ballot boxes in his charge till he
was paid for his services MS judge OF
election. There was stiffness OF
about three minutes. Twenty-Five
pairs of legal eyes were Immediately
engaged in counting the number Of
tobacco stains on the carpet. Then
there was perfect volley of think,
l believe, ! Judge, and one or two l
guess, and one | apprehend, rafting
around the room. Cooley oil Consti-
tutlonal Limitations, Dillon on NUM-
cipal Corporations, somebody on
Elections, were all quoted, and differ
emily.
The war of opinions ragged hot and
interesting, till tall, lean, cadaverous
attorney arose, and with II grace
full sweep of his right arm and his
dexter finger in dangerous proximity to
a young attorneys eye, said "Sed-
wick settles this; if he don't-Hil-
lizard on Torts does. | have examined
the doctrine on contested elections
since this race came up, and want to
say, if the Duck Creek votes were cast
aside-which is manifestly the case
and the Duck Creek voters desire to
vote over again that they may have
q voice IN the affairs Of this common
wealth, and the Duck Creek votes can
not be secured, procured, or | mig ut
say, non Cum dttiduS, the Twen-
tieth Missouri lays it down, and / call
on my brother, who is from Missouri,
to bear me out, that no defeated or
triumphant candidate, on the ground
of public policy and the sacredness
with which the ballot box is guarded,
has a right to inquire into why,
wherefore and which manner any
woman OH Duck Creek voted, unless
with the express permission of the
whole of Duck Creek. But here n
difficulty arises that am satisfied the
bar has not thought of: If the county
does not pay any body for the work
done, what right has she to the votes
cast at Duck Greek? Now, we'll
illustrate: Take John Smith. lie
lives on Duck Creek. He is voter.
He votes for Moon. Now, who is en-.
titled to his vote? Why, Moon.
Is it the county's vote or Moons? Why,
Moons. Now, If the judges conclude
to throw John Smiths vote aside, is it
the county's or Moons affair ? Ger
tainly Moons. Now, if the vote Is
not thrown away, but is still in the
hands of the judges, has the county
4 any right to demand it when it was
not cast for the county and the county
has no interest in it? Therefore, there
need not be any returns made, and if
the candidates want the votes counted,
why, they can bring suit for them,
showing their property in them, etc.
AS the judges of the election spent
their time and labor on the votes at
the request of the county, and the
n county has no right in them, the ques-
lion is whether the judges can claim a
mechanics lien against tie candidates
who are no parties to the contract be-
tween the judges and the county.
! Therefore -therefore-as 1 was saying,
is this legal election ? Quere }"
There was a pause, death-like still
ness reigned; one by one the door
slammed on the retiring forms of Dallas
erudite attorneys, and rs the last foot
\ step died on the stairs, up and down
the corridors, round and about the
corners, among the cobwebs went that
word which has SO often upset the
most profound legal arguments ever
delivered at the bar: Querc.