Clarksville weekly chronicle. (Clarksville, Tenn.) 1873-1890, 1878-08-31
A JUDICIAL CONTEST.
Judge Rice Contests the Eclectic

Judge Rice Contests the Election.
We cut the following from the
GalIatin Examiner. We pretend to
no knowledge either of the law or
the facts, nor would it be proper in
us to give an opinion of them while
the case is cOrdn1 .jatdicG, were we
competent to form one. 1t is very
we'll understood without our saying
word that Judge Rice is our choice
for the office; further than that we
have nothing to say.
ED. CHRONICLE.
The official returns give Col.
Stark a majority of 60 votes over
his competitor, Judge Rice. Judge
Rice has fled papers before Chan
cellor Tarver alleging, we under
stand, that in two large precincts in
Robertson county, at Cross Plains
and Black Jack, each voting about
200 votes, the judges of the election
instead of counting out the votes at
the close of the election, pleading
WEAKNESS, adjourned over until the
next day, in the mean time deposit
ing the ballot boxes with a third
unauthorized party, which is con-
trary to law. He prays for hear
ing of the case, and in order that he
be declared elected, as the votes
counted at the above were void and
illegal. The law governing such
cases, according to the Code, is as
follows:
"a candidate for the office Of
Judge of the Circuit Court who de-
sires to contest an election, must,
within twenty days after such cleo
ton, file with the Chancellor a
sworn statement of the grounds of
the contest. ThereupOn the Chan
cellOr appoints a day Of trial, not
less than thirty nor more than fifty
days from the day the statement
was filed. The Chancellor also
fixes the place of trial at some point
within the circuit in which the
election was held. Twenty days
notice is given to the party whose
election is contested. The evidence
may be either oral or by dispositions.
The Chancellor sends a copy of his
decision to the Governor, who COM
missions the person declared to be
elected. If the Chancellor, hOwev-
er, decides the election void, or that
there is a tie vote, the Governor or
ders an election to fill the vacancy.
Either party has the right of appeal,
which is like an appeal from any
other case in Chancery, and vacates
the decision of the Chancellor. 1t
is the duty of the Governor to APP
point a Judge, who holds until the
contest is iudicially determined,
and the regularly elected Judge is
qualified and commissioned. And
the Judge so appointed to hold dur
ing the contest is clothed with the
same power and receives the same
salary as the regularly elected
Judge"
If the election should be declared
void, it may be that the Governor
could not order an election before
August, 1880. The Constitution of
1870, Art. Z, Sec. 5, has this provis-
ion, viz: "NO special election shall
be held to fill a vacancy in the office
of Judge or District Attorney, but
at the time herein fixed for the BIZ
ennial election of civil officers"
From this it would seem that va
cancy would be filled by appoint
ment by the Governor until the
next biennial election. The Govern
or appoints Judge to hold pending
the contest; if vacancy should be
declared, an appointment is then
made to fill the vacancy until the
next biennial election.