The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-01-27

"
examine the registration book to ascertain
If ii contains the name of the proposed vo
ter, and shall mark the same voted" i
found therein, is another.
The registration book, as aptly said By
the counsel for the contestant, is the char
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 il
uspicion aud doubt and uncertainty as te
SHIFT upon the person claiming the benefit
of the vote the burden OF showing that
notwithstanding tie registration book wa,
not used, the votes cast were legal votes
Y and that the result of the election. as de-
clared, conforms 10 the will of the people.
Another important requirement. is found
/ i'm section 377 OF the Code of ISL 1t 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 voted on the poll-boo
/ 1t would be utterly impossible 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 80 names were checked off as 'svoted'
on the poll-book. It is necessary, ia order
to justify the counting of ballots by 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
book. AT this stage of the election pro-
ceedings, the poll-book becomes the c! L
OF the board OF registration, as it was the
4 InSnpctOrS. while fog x4-ara
being cast. II 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 a
matter of fact, we know, from the testimo-
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-book.
1t may be contended that the list of names
taken down by the inspectors served all
the 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, lst. There is no evidence
that the list OF names was ever returned to
the Board OF Registration And I'd. That If
it was so returned, there is no evidence that
the Board of Registration did comnare il
with the poll-book; and no such presump-
ton arises in law, because the law only pre-
sumes that officers do what it re0nires
of them, and they were not REQUIRED
TO examine this list and compare il
with both the ballots and the poll
book. This list was made nv the |
inspectors, OF their own yolition, and |
not in pursuance of any provision of the |
law. 1t certainly was not the duty of the |
Board of Registration to examine this list,
and hence the law does not create the pre- |
sum ptiOn that they did in fact examine if. /
The eighty legal votes should be distrib-
n cd hot Mr. S,,ll
in proportion to the number of votes ro-
turned, as have been cast for them at the
Glencoe box, respectively. The one vote
for Chalmers was cast by Col. CLAW as he
testities- Sullivan received 800 votes. and
Gales 1873 votes. making together 5l7 votes |
The whole number of votes cast LEAVING ont
of consideration the one vote for Chal-
mers, is 81 times greater than the LEGAL
votes. That is to say, 70, representino tha
legal votes, goes into SIT, representing the
total vote cast, 61a times. Hence, to ascer
tain the proportion of legal votes to which
Sullivan is entitled, we divide 329, his total
vote as returned, by 615. which gives him
'013 votes; and to ascertain Gales proper
ION, we divide his vote az returned. to-wit.
lSS by 61a, which gives him 2S1S votes.
The sixth ground of contest is, that the
inspectors, who held the election at the
1olmes box were not sworn. The proofsus
ans this charge as matter of fact.
tut the Committee are unanimously of the
opinion, that the failure to comply with tl,e
aw in this respect, is but a&m ere irreUnIari~ $
y, which does not effect the validity of the
lection. {
The seventh ground is that the election !
t the Ierrene box was illegally held. (
The testimony shows that the insoeetore
ept no tally sheet and made no count. Rut c
he board of registration compared the ball a
Dis with the names of the persons who !.
oted, ana found that they CORE pended. =
his is mere irrcgularity. I
The eighth ground is, that leading men at q
he Terrene box were induced by bribery o
pa corruption to support Sullivan Y
Ihefe Is no testimony to sustain this o
barge. II
The 9th, and last ground is, that the Req IL
trarS OF BOLIVAR county were all of the 2
adlcal party, and allied, by blood or nv q
eputation, closely with the Radical candi-
ates '''""i- o.
AS matter of fact, the committee find
lis charge sustained, but they are of the el
plnlon that, while the law has been shame ?:
ssIy ulsregarded in the appointment of the VI
eSlstrars, the validity of the election can
ot be affected by it. al
All OF the testimony which was before the
'mlnlItee, except portion of the testimo- &C
OF Col! Clay, is in writing, and accom-
lnleS this report. pc
several legal questions We're presented to lie
e committee, as to what effect the foreoo
z findings would have. That is, Whether al
new election must be ordered, or whether IN
'n1 Chalmers is entitled to take the seal A.
aimed by Mr.. Sullivan, without new III
Mr. sullivan, according to the testimony III
ineligible for two reasons:
|. Not being a citizen of the the I-nitoa Ia
ates, he cannot take the oath of Office anf,
nee, by section 10, article I3 of the Con SCI
tuition, he is ineligible, and by virtne nf
Il constitutional provision, Gen. ChaI- ad
RS, having received the next highest vote
ce. W
!. Being liable tor public moneys mac OIL
lnted for, he is also, for this reason. incl "
bic, and the same Constitutional rule. as ITO
the person receiving the next highest
e, applies. prt
lence. the committee are of tbo ; off
t. even if Mr.. Sullivan received tba tut
Vote, he cannot take his seat, because of
CONSTITUTIONAL inalimihilitu. "a a..