The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-12-02
Extraordinary Proceedings Under
the Federal Election Laws.

On the 26th ult. Hon. Martin Mar
shall and Judge A. w. Brien, of War
rem county were arraigned upon intor-
nation of Judge Lee U. S. District At
torney, on charge of unlawfully coun-
selling and advising the Commissioners
of Election of Warren county to omit
their duty. The charge was drawn
under section 5515 Of the Revised
Statutes of the United States.
A motion was made by defendants
counsel, T. c. Catchings, Attorney
General of the State, Judge Wiley P.
Harris and Hon. r. V. Booth, to quash
the information, on the ground that the
law as above stated only applied to Off
GERS of election and not to private in
dividuals. The case was ably presented
by the attorneys for defence, and re-
sponded to by District Attorney Lee,
who stated ''that he filed this informa-
ton on his own volition, and under in
structions from the Attorney General
of the United States. He did not wish
to be understood as charging that
these gentlemen had criminal intent
in their acts, but so much had been
said by the press and by the public at
large on this subject that he desired the
decision of the court upon the law, as
to whether or not the Commissioners of
Election had the authority to reject
votes that had been counted by the In
spectors of Election"
Judge Hill promptly sustained the
motion to quash on the ground that sec
ton 5515 applied to officers of election
and not to private individuals.
Messrs. VIM. French, Luther r.
Reed and A. S. Butcher, Commissioners
in the late election of Warren county,
were next arraigned upon information
filed by the District Attorney, charg-
ing them with unlawfully and wilfully
emitting to transmit within ten days to
the Secretary of State a statement of
the whole number of votes cast for
Representative in the 9th Congressional
District. A motion was made to quash
the information
1st. Because the State election laws,
adopted by the act of Congress, made
the charge a felony and an infamous
crime, and hence they could not be pros
ecuted "upon information.
ID That the information did not
set forth that they fraudulently and
corruptly made such return.
The motion was argued by Messrs.
Booth, Catchings and Harris, and re-
sponded to by District Attorney Lee,
who took the grounds:
1st That though the penalty was
punishingment in the penitentiary, it
was not necessarily in this case an in
famous crime or a felony, and that they
could legally be tried on information.
I'd. That the return or statement of
the board of Commissioners though lit
orally complying with the law, was not
such a return in his opinion as the law
of the State contemplated, and read nu
merous decisions in support of his theo-
ry.
1t was agreed by counsel to submit
on the motion such facts as would ena-
bic the Judge to arrive at a just conclu-
sion, but the District Attorney refusing
to admit or adopt the return of the Com
missioners as a part of his information,
the counsel for the defence asked the
privilege of the Court to withdraw the
motion, or if the Court desired, to over
rule the motion, so that the case could
be presented upon, its merits. The
case was set for trial yesterday, ODE
cember LIST, and was being argued when
our paper was put to press.