Daily Republican., 1880-10-23

II Is said now that 1t is the dstermi-
nation OF Sheriff Pyle to deliver the
ballo. box and other parapharnalia for
holding the election in the Ninth
Ward to Jesse U. Johnson, the man
who was declared not to be elected lu-
spector by the highest Court in the
State. OF course the writ Of error, tax.
en- out by William G. whitley, Bsq,,
in behalf Of the Democratic party, IS
urged by Sheriff Pyle, as an excuse for
delivering the box to Johnson, but it is
exceedingly doubtful il the Sheriff at,
ter mature deliberation could justify
himself for coming to this conclusion.
As the case now stands, Ziba Ferris is
the 1ightfally acknowledged inspector
Of the Ninth Ward. No action of the
court has since been taken that i'm
pairs the verdict that Ziba Ferris and
not Jesse U. Johnson Is the only Inspec.
tor of the Ninth Ward. 1t is true that
writ of error has been taken ont,
which will open up the case for srgu.
ment at the meeting Of the court Of er-
rors and appeals, bu! Ziba Ferris hold.
ing the election in the Ninth Ward
will be no bar to the argument of the
case, and even if It should be there de-
tsrmined that the court was in error in
declaring him the legally elected
Inspector, no greater harm could ensue
than would ensus were Jesse U. John.
son the man thu court decided was not
the Inspector, to hold the election, |
Sheriff Pyle ia not enjoined in the writ
Of error which he served upon Mr..
KRight, not to deliver tie ballot boxes
to Ziha Ferris, neither is he epjoined to
deliver it to Jesse U. Johnson but he was
that ziba Ferris is the Inspsc
tor t9 hold the election in the Ninth
Ward.
The certificate Of election given to
Jesse U. Johnson, is rendered null and
void by the decision Of the court, and
It is the opinion Of some of the most
learned gentlemen Of the bar, that the
mere matter of certificate Of election
is not required to quality a person for
holding an election. This question has
bsen the subject for thought amongst
the members of the bar and even ad-
hitting that the members are divided
according to their political affiliations,
the weight Of the court Is on the side
OF Mr.. Ferris. There can be no doubt
that the court intended that its deci.
sion should be obeyed and carried out.
1t is hardly likely that such men as
Chief Justice Comegys and Judge Wales
would'spend couple OF days in hearing
the question argued, and then two days
afterwards render decision that could |
be superseded and set aside for the
time by writ OF error taken out with
no other purpose in view than to defeat
the object Of the peremptory mandamus
which they had granted.
1t was never the intention Of the law
to defeat the ends Of justice.
II the Ninth Ward election could b.
postponed until the writ Of error was
argued and determined upon in Janu-
airy then there would be some solid rea-
sons why 1t should act as a sapersedeas
to the mandamus, but as this cannot
be done the object Of the writ is obvi-
Gus, and by defeating the object sought
by the writ Of mandamus, the law is
rendered farce. The object ofthe court
in the granting Of writs is to give effect
to the law, and as legal writer Justly
observes, q writ Of error must be push.
ed with effect. II is no use however to
discuss this question farther with
view OF haviOg justice done. As We
have already said, Sheriff Pyle will no
doubt deliver the ballot boxes 70 John.
son who Is not the inspector ofthe ward,
and this will te but the carrying out
of the great system Of fraud which has
marked every step OF this campaign by
the Democrats. The people however
we feel confident are watching, and
they will render their decision in the
ease IN November. Republicans can
ford to only act honestly and justly