The Russellville Democrat., 1879-10-09
Judge Jaeoway'S Dea8~it on 1Fe
 CDunfy-~eaf Question.

J Hd @e J taeHSK sKE $ kBe4. 5~zts1z 1f3 Rae
 Counfy-zeat Que~tson.
 W. E. Young. D. P. West ct aIs
 Petrti0ncTs. TA
 T. J. Russell. J. L. ShEaa ct asa-
 Defe7sIants-
 Appeal from County C7av--
 The said parties appeared l5y their stt0rEeys- and the said petitioners. ". E. Young and others. having Eaived their demurrer io the aBsNer 70 the said defendants. Russell and others. rbe sane Is Overraled, zCd bT consent, The demurrer 70 the pc titiOn or complaint filed with the said aaSwer is also ovsrTuled, lad thereHpon this cause comes Oz for trial anew, and both parties w2iying a jury, the same by c0nsentls sub aststed 10 the court, sitting as I jury, apon the exhibits fled with said conpEaint and an agreed statements Of facts filed herein, upon coasiderz- ton whereof, the c0HTt doth ind that two hundred oi the votes. given for the proposition mentioned in said complaint, 10 change the county seat Of Pope county from the town Dover, as returned by the clerk Of the county court of said county, were given by persons wio did not at the time Of the election mentioned in said complaint, reside n the town ships or election precincts. where their said ballots were given. Al so, that one hundred and fifty bal lots were given and counted for said change 0f said county seat, by bal lots which had written or printed up on them only the words, -For Russ eIlrilIeT that the whole number Of qualified electors in said county a. the time Of the election on said pro position mentioned in said complaint, was tweniy-tEo hundred and sixty six, that 1t therefore requires eleven hundred and thirty four votes for said proposition, in order to eonsti- .ute majority of the qualified elec- tors Of said county, and effect the re mayas Of the county seat and that the return of said clerk of the result Of said election shows that said pro position received twelve hundred and forty votes, the same being one hun dred and SIX votes more than 2 ma jority. And the court having ar rived at the foregoing conclusions Of fact, declares the law arising there on to be that the two hundred votes so given for said proposition by per sons rho did not reside il the town ships where they severally voted at the time of sad election were illegal and vold, and should be omitted and rejected in counting the number of votes received at said election for said proposition; that the said one hundred and fifty ballots which were written or printed only the words. sFor RusseIlyiIls, were unlawfully counted and returned as having been given for sad change, and should likewise be rejected and omitted in counting the votes actually given for said proposition to enange said eoun- ty seat. received only eight hundred and ninety legal votes. The Court. therefore, considered and adjudged that the true result of the election held in the county of Pope, on the 2nd day of September. 1878, upon the proposition to change the county seat of sad county, then submitted to the qualified electors of said coun- ty was, and is, that said proposition did not receive the votes of majori- ty of the qualified electors of sad county. and that the same ls, there fore, rejected.
 It is considered by the Court, and so ordered, that the petitioners, ". B Young ct als., do have and recover ofthe defendants, T. J. Russell ct als-, the cost in this behalfexpended to be taxed. And it further appear Ing to the satisfaction Of the Court that the subject matter of this con- troversy was of interest:to the whole people of Pope county, and that it is just and and right that the cost should be paid by the people of said county. It is, therefore, recommend ed by the Court by consent of all parties hereto, that the county court make an appropriation to pay the said cost herein incurred.