The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1880-10-01

Fsito huNU cosoDiinLuh iholO thph WV ''s''t y
oplaco in Justices precinct without dividing
it into election precincts, the extra boxes
should be discontinued, and one place in the
Justices precinct now designated, where all
persons living in that Justices precinct are
required to vote. And if any court
has established election precincts with
mora than one voting place there
in, such extra boxes must also
DO discontinued, IS there can, under no cir.
cumstAnces, DO more than ore voting place
in an election precinct, which election pre-
cinct must bo composed of territory entirely
within one Justices precinct, or of the entire
Justices precinct, as tho case may be. The
law does not now make each ward of II town
or city an election precinct, but leaves the
whole m. tier of prescribing such precincts
to tho courts. But where tho court has here
tofore recognized such wards as pre-
cincts, and has made no legal
changes, such would, under the act
OF 1879, which proVides that al elec.
ton precincts established by the court be fore
its passage shall remain and constitute cleo
ton precincts until changed by the court, be
legal precincts. 1t must be borne in mind
that Art. 1864 of the revised statutes is re-
pealed by tho act of 1879. Gen Laws, p.
49, The court can not establish election
precincts except at the first regular term in
tho year, but those legally established before
will remain without the action of tho court.
Yet, where court has erred in making more
than 6ne voting place in any election
precinct, it might correct such error at any
time, and should do so at once. Theerror into
which many of the courts have fallen has
arisen from constituting the precincts men.
tionol in the constitution and statute us to
mean justices precincts, when election pre-
cincts is evidently intended. The views cx-
pressed in this circular arc not intended to
apply to voters residing in unorgarizod
counties.' The impression prevails, we know
and to no small extent either, that citizen
can vote in any election precinct in
his Justices precinct. This is not the so.
An election precinct and Justices precinct
are two entrcly and separate subdivisions of
3 county. a Justices precinct may in its
entirety constitute an election precinct or it
may be cut up into two, five or a dozen, as
may be deemed best for the convenience Of
voters, BY the commissioners court. And
every man must vote in the elect, precinct
IN which he resides, the metes and bounds
Of such election precinct having been defred
by the commissioners court. Atthe general
election in 1873, the law teen in force made
ovory ward of an incorporated city an cleo
lion precinct in itself, and in Harrison coun.
y, the city of Marshall having four wards,
lad within itself four election precincts.
Marshall is in tho first Justices precinct Of
Harrison county and tho commissioners,
court of that county, for the convenience of
voters living in the first justices precinct, but
outside the. corporate limits of Marshall
made all the precincts outside the city cor
poralion an election precinct, but instead Of
establishing the voting place outside of the
,ity limits, the court established it in one of
The wards of the city. The consequence was
hat the voters living in the election precinct
outside of Marshall voted in a precinct in
which they did not live. Counting that box,
he Republican candidates were nil elected,
but with it thrown out, they we're defeated.
The candidates on the citizens ticket, or in
'ther words the Democrats contested the
election on the ground of the Illegally of the
'o1 in question, and being sustained by the
district court, they got the offices and for
wo years past the county affairs of Hsr-
'isen county have been administered BY
Democrats. The box referred to was clearly
legal for its establishment outside of the
'lection precinct for which it was intended
vas clear violation Of the letter of the
statute, and of the spirit, too, we take it,
tor the object of the law in requiring every
man to vote in his own election precinct is to
prevent frauds and 10 maintain the purity of
The ballot box. The limits of the election
are, as general rule, made smal !,
Tor the double purpose of convenience to
voters BY having the polling places near at
,and' and to enable election presiding officers
md judges to know as nearly as possible
very voter in the election precinct. The
,eople will do well to read this law carefully,
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