Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1880-08-22

shall take down on separate lists or books
the name of every person voting.
Sec. $751; When the election is finished
the returning officer and judges shall
open the books and read aloud the names
of the persons which shall appear in each
ballot; and the clerks ut the same time
shall number the ballots. each clerk sep
arately.
Sec. s64 The officer holding the election
shall compare the polls at the court house
on the first Monday after the election and |
shall deliver to each person elected certi-
fcate.
Sec 874 The person having the highest
mum Der of votes, including the casting vote
il necessary u shall be declared duly |
elected.
Sec 867. The judges at every election
n .ia Of psme, the of 2o,eGs kept
by the respective clerks; and said judges.
| or q majority of them, shall certify that
the same do contain true list of the voters
at the respective places of holding cleo
| tions, whith certificate shall be attested 6y
the clerks and officer or per on holding the
| election.
Section 868 provides that the judges shall
| within ten days after said election, cause
/ one copy, or set, of said books or lists to be
| filed with the circuit clerk and another
with the county clerk.
Section 869-"Said lists or books, or
copies of them, shall be records,
and be received as prinaa facte evidence In
any case arising out of said election.
Section 885-'ReturuS of elections shall
/ be sealed up and directed to the officer to
whom the return is to be made"
The question recurs,
/ WHAT ARE THE RET TURNS?
The statute does not settle it; poll
books ere not the tally-sheets, II any De
kept, are not These books may be Retain
i ed in the hands of the judges for ten days
/ after the election, and talies may have
been made on black b ard or by notches
on q stick, and never sent up with the poll
books The statute cannot contemplate
that the sheriff should determine the result
of the election from said books or anything
with them; for he must hava the returns
by the first Momdag. after the elt ction,
| (sac.ion 1854 and must on that day decide.
This of course, he could OF do from the
poll books if they still remained 10 the
hands of the judges, rs they might.
sm of opinion that in the
view OF the law the sheriff is
present in his official capacity
at every polling place, but as he is not ae-
tunHv present his deputies, appointed to
hold the election, must return him the re-
/ suit of the count made Il der section CSl
In Whist shape this return shalt be is no
where fixed, but it should be sealed up
(4886) and directed to him. and sent by
hand or mailed. But certainly the best ev-
idence of the result at anv precinct would
be certificate by the officer, judges and
clerks, giving the figures. .y-
I shall not attempt to explain section 1863.
OF what value the poll books would be as
evidence in a contested election, with only
; such certificate as the law requires, it is diff
fcult to see. This section only adds to
the uncertainty of the law as to what con-
stitutes the returns.
, But suppose we take the poll books, tally
sheets, and the certificates Of the judges, a.
J the returns. / maintain that as the law
does not ex plicitly require either tally sheet
or certificate showing the number of votes
, TOT eaca candidate to be'kept and fled,
that the returning officer is at liberty to
! determine for himself which is the more
trustworthy evidence of the result of the
election. and to this extent he must exer-
else judicial functions
In very doubtful case-where it was
impossible to be certain about the figures
| would be governed by the tally marks,
provided the sheet gave evidence of for
mality and authenticity. But where the
| figures were given in 3 certificate or ap-
| pesred formally upon the same sheet with
the tally marks or certificate, l would
take them, if they could be made out.
+ | Where the judges had counted l would
take that count. Much would depend,
9 however, upon the position and appear
ance and..sCrroundings of the figures and
= marks. I would consult what papers
E might be on file in either of the clerks
offices. If this is not the correct method
can not see what would be. Put yourself
now in Reeder's place and come with me
and look at the facts
. FROM THE FIRST WARD
No tally sheet was returned to the cir
cult clerks office, but with the poll book
ia that Office is certificate of the judges
and clerks giving Mr.. Anderson 1873 votes.
In the county clerks Office with the poll
: book is a similar certificate and a tally
= sheet. This latter shows it WAS kept by
clumsy pensman, for the marks are
y uneven. and fully half of those
r opposite Mr.. Anderson's name do not stand
t in groups of four braced by fifth, but are
n continuous, stroke following stroke no
. figures occur at the end of the marks, but
u by close counting you can make 139. Was
: not Reeder right in taking the figures of
Il two solemn certificates rather than the
=. marks on an uncertain tally sheet2 And
. yet, now. Jus" who appeals TO me for
If righteous Justice" in the face of these
It facts is only willing to coneede that Nh.
: Reeder might honestly doubt as to his du-
If ty in this instance
n IN. B.-I state here that Mr.. McAdoo's
= tally sheet from the lst ward hal
10 been exhibited to me by Mr.. Lewis
d clerk of the county court, into whose
1t hands it has recently come, and
a who holds it as the private paper O.
O Mr.. Davis, one of the judges: and upo1
II it think / discover conclusive evidelct
II that Mr.. Andersons vote in the 1st ware
l. was only 1873, but / am sure that am al
sr liberty to make use of the Information OBJ
D. tanned from the retWrs.)
le EIGHTH WARD.
= There is nothing to help us found will
!, the poll book in the county court. In th
e circuit clerks Office is tally sheet, and tn
\ usual poll book certificate. and on the sam
- sheet the names of the different candidate
W W with figures following, showing the vote @
10 each. On this last named sheet, the figure
=, y "a or IS appear opposite Gossett's name
~ Opposite Swans name are the figure
" lO2, the 2 however. evidencing tn
fact that ! was first written On
posite Manson's name we see that II
is was written first, then erased by horizonts
10 lines, and thereafter Il distinctly written
ne On the tally sheet the marks count "a 70
le Gossett, 1Ol for Swan, and 10 for Manson
le yet following the marks in each case ar
ID figures plainly l02 and Il respectively il
te Swans and Manson's cases, and eithe
81 or IS in Gossett's case. Now, think
r. was competent for MIR. Reeder to conside
in all these circumstances in pa sing upon tn
ed figures opposite Gossetts name. No maj
to can doubt that the figures in Swans an,
| frOp