The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-01-26

Z
tied in the box the inspectors shall carefully
examine the registration book ~ ascertain
II it contains the name OF the PROPOSED Va
ter, and shall mark the same s'voted." Il
found therein, is another.
The registration book, as aptIv said by
the counsel for the contestant is the Chart
of the inspectors; aud when. as In this ease
they throw it away, all that they NAV after
wards do is, al least, so much involved i'm
suspicion aud doubt and uncertainty, as to
shift upon the person claiming the berefit
of the vote the burden OF showing tiIat
Notwithstanding the registration book was
not used, the votes cast were local votes
and that the result of the election as de-
clared, conforms TO the will of the peonlp.
Another important requirement is found
in section 81. of the Code of 1871 IL 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 of as ''voted" On the poll-book,
1t would be utterly I'M possible for the board
OF registration, to ascertain whether the
ballots in the box had been deposited by
registered voters or not. They could not
tell IN this case, that more than so votes had
been cast by persons qualified to vote. for
only 81 names were checked off as ssyotedr
on the poll-b0ok. 1t is necessary. in order
to justify the counting OF ballots bv the
board of registration, that they should |
correspond in number 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 |
DOCK. AT this stage of the election pro-
ceedings, the poll-book becomes the chart
nj
chart OF the inspectors, while the votes were
oelng cast. Ii Is clear that the Board had |
no flSnt 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-
That quite number of votes were cast BY
persons not qualified, and whose names
were not on the poll book.
1t may be contended that the list of names
taken down by the inspectors served all
lie purposes of the poll-book, as the
board OF registration could have
compared the ballots with that list, and that
list with the poll-book.
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
was so returned, there is no evidence that
ne Board of Registration did COMPARE il
With the poll-book; and no such presume
ION arises In law, because the law only pre-
1mes that officers do what it requires
o examine this list and compare if
With both the ballots and the poll
'Ook. IhlS list was made Dy the ,
Inspectors, of their own voltion, and
lot III pursuance of any provision of the 5
aw. 1t certainly was not the duty of the
'oard OF registration to examine this list. .
nj hence the law does not create the pre- l l
Qmptlon that they did in fact examine it.
The eighty legal votes should be distrib- r
ted between Mr.. Sullivan and Mr.. Gales =
proportion to the number of votes rn- | ~
armed, as have been cast for them at the
lehcoe box, respectively. The one vote II
II NhallherS was cast by Col. Clay as he ii
stlheS sullivan receyed'329 votes. ana =
;'les 1888 votes making together 5l7 votes.
he whole number of votes cast leaving ON r.
consideration the one vote for Chal-
erS' Is W times greater than the LEGAL r.
obes' mat Is to say, 70, representing the Ia
gaI votes goes into 5l7, representing the o,
tai vote cast, 61a times. Hence, to ascer- y
IN the proportion of legal votes to which
llllVan is entitled, we divide 329, his total
tie as returned. by 615, which gives him ol
e votes; and to ascertain Gales propor- w
~, we az lde his vote as returned, to- wit W.
) by 90, which gives him 2SI6 votes oi
In other words, the legal Vote at that "a
X stand as follows: For Sullivan 5OI TO
ties; for Gales 2S12 votes, and for Chat Ia
ers / vote-Total so votes. The 5tb
ound OF contest is, that legal votes for po
aimers were rejected at the Shufordsyille co
IN COanOma county.
1t is shown that seven persons who ,,,oro on
titled to vote ana who would have voted hi
chalmers, were denied the right to par
ipate Ill the election. 1t is also shown Fo
1t about fifty legal voters were refused
right to vote, bat as there is no testi- /,
ny 10 indicate for which candidate they oil'
hn ,;4E
nion that the result of tho oi'"at; "a 'ile COT
lC ooA as Geclard, cannot be changed fur
II than to give Chalmers the seven votes ths
I'VE mentioned ' \
ne sixth ground of contest is, that the NE
pectorS, who held the election at the Ian
riles ooX were not sworn. The proof sus- = =
10 tnls charge as a matter of fact. i
the Committee are unanimously of the HIl
hiol, mat The failure TO comply with the
III Lnls respect, is but a mere irregulari iiI ~
zion, J % 'iie doy
ne seventh ground is that the election .
he testimony shows tb5f ~ ;,,t.. lin
no tally sheet and noade no o't. o for
board of reujstratton comnarod ~ h DG sub
with the names of the persons who
"a, ana found that they CORE ponded. 70 q,
Is mere irreeularity Fra
iS eignth ground Is, that leading men AT pas
1efFene box were induced BIZ bribery r
corruption to sunnort SnIliva39 Dii cou
leFe IS no testimony to sustain this aug
le 9tn, and last ground is, that the Reg n lnco
- oI bolivar county were all of the ION
zeal party, and allied nv tSnad ~ -. T t do n
tation, closely with the Radical candi OF >
matter of fact, the committee find %,
charge sustained hnt tha1 80 t nv. .tl ratio
ion that while the In " baS 80 9, ~ Lne legis
disregarded in the appointments of the In
strars, the yali,iirv Of fba 1870; VI t.ie Il La
e affected by it, Mr.
of the testimony which ,e.., only
nittee, except n nortinn 81 y a. oeIoIe Tue Mr.
Col. Clay, is in writina aed oaan'o empt
S this report. o M" "o"oih prop,
eral legal questions wara ,,ro.o,,.o, bill p
as to what pies1nteu 10 Tn,
ndings would have tn ~ INC ioIego- amen
election must be ordaro1I 10 Mnethtr Tht
Chalmers is entitlad =. VI Whether count
ed by Mr.. Sullivan 1 ~ I"he 'ile seae The