Daily Republican., 1880-10-20
THE sIHTn wARD FEE AUD
0pfnien OF Chief Sastiee Cemsesys
in tho Csso OF State vs. 4. a.
MnfgMs, -

G. Knight is as follows:
In opening the Chief Justice sal
tina. the Court Mss Invested with fu
power to give writ to conpsl ths p.I
iormance OF pablo duty in ali css..
aud that this Court has nsver rstass
the writ where a case for its operstio
has been presented, recognizing its OF
legation to put 1t in operation whsr
there was no other adequate means o
enforcing the execution of duty by a
oMeer. Although no cass has ever OF
CURED calling upon the Court to app!
1t to the csss of election officers maxim
default in the performance oftheir dut
yet it is not doubted that never, unde
no circumstances weuld it have bsel
refused fthe faets had shown e cas-
OF inadequaey OF relief in any ethel
wav.
Here is the case OF an election far as
SCISSOR and inspector, both impertau
public Offices, where Il is alleged and At
tempted to be shewn thai, although th,
rsla'or was declared TO have been ohossr
to ths oftics OF inspector hy a majority
of one OF the whole number of votes cas-
yet certificate Of thet fact has bssn re-
fused him, and one with the uams O
the person who was the candidate
against him inserted in 1t, delivered tc
such person. II these facts bays been
satisfactorily established, do th,y MOI
show that the rela,or ia denied what BY
law he ought 10 hayea Certainly. And
IL that certificate, has been shown by
the proof to be nuility, By reason OF
any circumstance or fact, ought not a
valid certificate to BE- ordered, and 10 be
delivered to the relatur, II In truth he
had the highest numh hsr OF votes : W.
think there can 10 but one answer and
that an Affirmative one. Then here is
q priRa facie case for the exercise Of tn 9
jurisdiction; for the petition and aida
Wits present just such facts. II tho
proof support the facts alleged, then
here 10 a case also of gross wrong and
outrage to the whole body polite, which
is vitality con ,ernsd in maintaining the
purity of the elective franchise, 90 we'll
as to the relator; and having pu blic
1t demands at our hands
prompt decision upon its merits.
In support of the aforesaid atEidavits
as to the circumstances occurring at the
CLOSE Of the election, we have the testi-
mony at the bar of the court Of two Of
the atlantis, Francis 4. Gallagher and
Lindsay l.. Pierce, the former one of the
clerks OF tie election and the latter one
VI tne lndgos. They ooth swear sub
70 the same facts--that atthe
'lose OF ths elecEon the votes were read
'ut ana tAiIled' Inat there we're four
aunarsd ad a snd ssvsn s Of thsm Ia all two
- tu.ui'o ~, 1a Suu S'uh u "hiSn were cast
- L.sa W. -. .IGst nis n.,, 40. WV uunuIsu ana
a'1 =. ,h, ~. I n;,i' EOAP;sso. 'eSse Y. 'ohn-
W., Sn1' sS'.-s s I'p, tne leia'ol' mt :
I y. 80 """i iDs I'm !" naEe
'7on ono9o" iot Wv ~, wiHoo VI tns itSeof'
'Io I e"n0 v""i; ei9o1~ nonl"s "; o"'llie
10 .st .So'An Mo~@n aao~ "els s@nuiu"ses M iof
No l.i ,noe VI Aas,'onI .au al 1no 1Ioke'S
y 0.1u ~ 'OutSNe1 s S''D '"s uaIno1 Vi one
sno oInII VI aum y 'ne!l seS'i
ioiy .Wo .unuieu anu iouf 'o'e9 were
wen l1r UiGo4'l ior ~ s'ssSor, sAo Two
unoreo nuu ,nt'e Vo1Ss lor MS oppo'
on' ,9sVl'lt' 'tAuS 8IYlgg 70 inc lofmef .
laJorlty OF o"e' ana showing hlm 10
HVe Deen 0losen ior tGe omoe OF asses.
VI tnaI such q result was announced
the lcQM, ana a,S9 70 a person out.
de a. the back window who inquired
'ncerping II; and with the consent Of
q pre4!d!Dg officer, Edmund G. Knight &
the front door, to the people there,
7 the witness Gallagher. 1t ia also {
ated by Gallagher that the said !
night made the same announeem snt
the result to one John McSorlsy Is
sing this language in reply to the for
sr's question. " Well John they bsat
one vote" Ii
The witnesses further state that Ger.
flcates in blank fu- the name of the /
,ccessful candidate for inspector had s
,eo prepared during the afternoon to |
i
, fiIad IN at the broper time. and j
,at thew we're In dus legal form. End d
allagher swears that when the en-,
,upcsment of the result was made by +
NIGHT bs. bimselt handed the blank d
rtifcates to George M, Pike. the other .
ark reuuestinq him at the time to fill 9
am mn with the name of the relstor a
ba Fsrris The successful candidate '
r iuspector. and that he promised to n
40 that npop his return from the 7
mr. where he had made the public t,
,nopnoamept CT the result Of the can a
'sa bs ohseyvsd the presjdiro of,epr. r
,igbt and the indees. Kennedy. ST., q
"a p;er5s signing the certificates. ii
bicb h. snnnossd had beep tiiled with fe
a mama of tha relator. that when 9;
a aioning vas completed he inouired h
= vas to deIiver The oart;ficate TO Mr., II
wis anS IN NJ the yssnondant Knioht b
- AiF 49, ~N>~"'