The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1879-02-20

have IL finished a. soon as possible as the par-
residents OF the counties in which the lands are /
situated and can, ~ an early day, better correct
mistakes and supply omissions than in future, |
when many VIII be dead or removed 80 as to be |
out Of the reach Of ordinary notice.
T. Corresp Jndence, ex limitations. etc--The |
correspondence in this department is very ex-
tensive as the change OF officers necessitates
continued instructions Of = Special nature. The |
condition OF lands with reference TO taxes is a
fruitful source OF inquiry. As owners OF lands
in counties her than the county OF residence
complain OF inability TO get answers from col
lectors as 20 the amount OF taxes assessed on
their lands the office oil the Comptroller appears
TO be resorted TO for this information
UPTON, Chairman.
The following message was received
from his excellency the Governor,
which was taken up and read:
EXECUTIVE OFFICE,
AUSTIN, February Is 1873. !
To the Honorable the Senate and House OF
Representatives, in Legislature assembled:
There are some matters connected with the
Ell -ction Of county officers in the counties OF
Harrison and Smith, which 1 consider should
be called 20 your atteRtion, for such action as
you may deem proper
plications to me for commissions for persons,
claiming to haye been elected In Harrison coun-
ty My information Is derived nainly from pa
peIs flied in the ONCE and in the Office OF the
secretary of State, together wi b such Others
properly certified VIII CHI have been PRESENTED 10
me- by persons having an interest in tn contrO-
Yersy which has grown out of said election.
The election took place in Harrison county on
| the NTH day OF Novem Der, 1873. Before tn ex-
piration of ten days thereafter the Hon. J. b.
| Williamson, then the county judge, WAS en-
joined. at the suit of number of the citi-
zens OF said county, by the district judge,
| then holding o session of the district court III
| said county, from counting the votes polled at
| a certain place Of voting within said county.
judge Williamson answered in said suit that
| he did on the eighteenth of said November open
rem fsAa n
| election in oisobedience to the writ of injunc-
| ton, because il he had not done ii, he would
have placed himeelf in violation of the criminal
| law OF this STATE and of the United States. ON
| the twentieth OF said month he, county
| judge certified under his hand and the seal Of
hts Office to u duplicate copy of the returns OF
sad election, which is now in the Secretary of
Safes Office. This return shows the aggregate
votes poll d for each ca ddate in The county,
| and by it said Williamson was reelected county
judge, and those reputed 10 be on the same
ticket with MIN were also elected, and The Hon
George Lane AID those ON the ticket with him
were not elected.
On the twenty ninth OF said November Judge
williamson. certified ito list OF persons, rs
| those elected to the respective County offices
his name heading The list, which certiilc tie has
| no seal attach TO it, but instead thereof he
| stat as follows:
al. My Office and seal have been taken
| tached. j. B WILLIAMSON,
| County Judge Harrison County,"
| II the votes had not been counted at the vOt-
i ing place, winch Judge Williamson was en-
| joined from counting Judge Lane and tho e on
/ mis- side would have been sho Sn to hive been
| elected, and therefore he ard they claimed to
have beeu elected to office and. by the interpo-
sition of the citizens on their behalf, they were
put in possession OF the respective county Of
ices, as it is said by Judge w lliamson, by
| force. By this it is meant, as presume, the
| force of numbers cooperating N aid of Judge
! Lane and others, against those in office who did
| not consent to the election. Tho'e thus put in
| to posse sion of the offices filed contest
| against those put out in the district court,
| then in session, and Judgment was rem
dered by said count in their favor, from
which an appeal was taken to the Supreme
Court, which, in the regular course, will come up
for trial in Tyler after the first Monday in Oc-
tober next. The persons in possession of the
| offices have given no bonds to account for the
| fees in the event they are finally adjudged not
| 10 be entitled to them.
1t would seem from papers on file in this
Office that both parties applied to my prtdeces-
| sor for commissions, and he submitted the mat
| tiers involved to the then Attorney General, and
upon his opinion his excellency, Governor X. b,
| Hubbard, declined to issue commissions to
title to the offices was disputed first and after
| wards was contested IN the court. Still both
parties claim right to the exercise OF the
offices, those that are in possession by virtue OF
the decision of the district court in their favor,
Judge Williamson's certificate, they contending
thai The judgment of the district court, being ap
pealed from, confers no right in opposition to
| said certificate.
Those claiming under the certificate have ap-
piled to me for commissions. l see no
occasion under existing circumstances 10
reverse the action of my predecessor;
confers title to the Office but only evidence of
it, and is usually issued only when the right ls
plainly established or is not questioned, and
right OF appeal from the judgment OF the dis
trict court in the contest for the Offices. The
action Of the executive in giving a commission,
or IN refusing to give it, cannot possibly aid or
afft ct either party in any way whatever, either
as to the possession or as to the right TO the Of
fees. 90 not propose to do thing that might
| be used in aggravatlon of an angry controversy.
1t is not IN reference to that matter that your
attention is called to these things; but there
are considerations Of the very gravest import
that arise out OF these transactions demanding,
as believe, the most serIOus attention OF the
Legislature.
Before said election the Board of Education
had sent its order upon the collector OF taxes OF
Harrison county for its portion OF the free COM
mon school fund, which order is in possession
Of the person to whom it was then sent, and
who is on the de OF Judge Williamson still
claiming to be county treasurer, and another
pers IN on the si0e OF Judge Lane claims TO be
the elected and acting county treasurer. Mr..
or controversy the legally recognized
tax collector Of Harrison county, having on hand
large amount of said school fund and declines
who claim to be county treasurer. BY this
means the teachers OF the free common schools
cannot be paid for their services He is anxious
spOnsibiIity OF determining o whom to pay 1t.
Some action, il practicable, should be taken TO
obviate this great Inconvenience.
The writ of injunction restraining Judge Will
Hanson was disObeyed by him and he was not
fined or imprisoned for 1t. His duty, as has
often been decided by the highest courts, was
legally returned to him by properly authorized
returning officers and give certificates to those
thereby appearing to have been e;scsed and IL
the cert fcate, who had received ma
jority OF legal votes, he could insti-
rute a contest Ia the district court in which
the informality or irregularity in the manner of
returning such legal votes might be disregarded
and that person DE- clared to be elected. who had
received the majority Of legal votes; which is
the main object in holding an election. The
interference OF the judiciary to control the Off
GERS OF the election In the discharge OF their
prescribed duties is a modern innovation,
fraught with serious consequences and, as 1t is
believed, dangerous to the rights Of the peo-
pie in the exercise Of their free suffrage in
elections, therefore respectfully +, commend
that law be passed, proven ing the issuing of
any such writs by the judges of any court in
this State. The issuance OF this writ of bjunc-
ton, and the violation OF it. doubtless provoked
the action of the citizens, in their interference to
place those in possession OF the offices to which
they would have been declared elected, If the
| writ had been Obeyed; and SUCH interference by
the citizens Is ano her extraordinary feature in
the history Of elections in this State, deserving
the attention OF the Legislature.
The answer OF Judge Williamson that IL he
had not counted the woes "he would have
placed himself in violation OF the criminal laws
| of this S ate. and of the United States" has
reference to the laws OF the United States on
| tanned in the Revised Statutes OF the United
States in sections $50, 5515 and 5522, providing
for the punishment OF returning officers in cleo
lions for members Of Congress, who violate their
duties therein as prescribed by the laws Of The
State or of the United States. There being an
| election for representative in Congress at the
| same time and in the same connection with this
| election for county and State officers, the re-
turning officer, Judge Williamson, became
violation is made misdemeanor. The time OF
holdir g elections for members OF Congress is
fixed on the fret Tuesday after the first Monday
| in November in every other year, by the
twenty. fifth section OF the Revised Statutes of
the United States. Our election law fixes the
same day for the general election for county
and State officers. Judge Williamson's APP
ferre6 toi were verified by what took place at
| Tyler in Smith county. There, Benjamin Bass,
the acting county judge OF Smith county, failed
or refused TO count the votes pollGd at one or
more places Of holding the elestion, because OF
some alleged defect in the returns, and there
upon an information was filed against him for
| violating the laws OF the United States in so
doing, In the Federal district court then in SEES
sion at Tyler. He was Immediately arrested by
| the deputy marshal and held to bail in bond of
two thousand dollars 10 answer SAID criminsl
charge. II was currently reported and believed
| at Tyler that q similar information would
be filed against Judge Williamson II he
Ibid not co5ut all the votes IN the
election in Harrison county. In neither county
have possibly affected the Congressional cleo
tions, nor was the courts interference sought in
reference TO them, but obviously in reference to
the election of county officers. Thus has the