The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1881-01-27
Warren County Special Election.

! DECISION OF THE COMMISSIONERS OF ELEC-
TON OF WARREN COUNTY IN THE spE-
CIAL ELECTION HELD JANUARY 18TH,
1881.
\ protest was filed by II. DEMO, one of
the candidates for Circuit Clerk, against
the counting of certain boxes that he al
legged were not in accordance with the law
and the question arose as to the powers OF
the Commissioners in the premises The
Commissioners decided that in their opinion
the law invests them with both ministerial
and judicial functions, but that such powers
only extend to the returns, ballots, etc,
which are sent up to them from the several
precincts.
Davis Bend box was protested as being in
violation of section l26 and l27 of the Code
of 1880. Upon an inspection of the returns
from this precinct we found by a sworn
statement made before Justice of the
Peace, attested by his seal, that the box and
books sent by the Commissioners-neve
reached that precinct, and that after the
hour for opening the poll had arrived the
voters, under section l45 of the Code Of
1880, proceeded to hold said election, and
there Is nothing before us to show that the
election at the precinct has not been con-
Quoted in strict accordance with the law.
Haynes Bluff and Bed Bone boxes were
objected to because the Inspectors and
Clerks of Election failed to append "A certif
cate to the returns as required by section
139 of the Code. A return was made from
each of these precincts signed by the In
spectors and Clerks; also list of the voters
signed in the Same manner. The Board il
of the opinion thaC in the absence of any
fraud, the ignorance, neglect or wilful acts
of the officers of election should not deprive
the citizen of his constitutional right. Were
it otherwise the officers of election at any
precinct could trample under foot the will
of the people. In these cases the spirit if
not the letter, of the law has been complied
with.
Objection was made to Mt. Alban, Sandy
Bottom, Newtown and Pryor's Church
boxes, because list of the persons voting
was not sent up with the returns. Upon an
examination of the poll books from these
precincts, we found that all persons who
voted were marked "voted, " and upon COM
pairing the number of names with votes and
tally sheets they corresponded in numbers.
The Board are of the opinion that the object
of the separate list of voters as required by
law is to show whether the persons who
voted were entitled to do so, or, in other
words, to detect fraud. In these cases the
poll books show that the persons voting at
these precincts were entitled to do So and
the law in our opinion has been virtually
with.
The returns show the following result:
For Circuit Clerk = Heman DEMO, go; !
Charles Lehman, $685. E. H. McMichael, 10
Coroner and Ranger-John Rain water, CO., |
R. Adams, 337; Chas Cash, 314; Fowler g.
Board of Supervisors, Fourth Distriet-H. /
NJ. Golf, 167; \. b. Lanier, 80; Albert Logue, /
80; - Bobs s.
Constables, Fouth District-Petep Marshall. /
| r. f. Thomas, 1884, Sam Callahan, 50; Jo 1
Ellis, SO; Eennis Smith, u; - Thistle. 70. I
Jac Iala Ill
Charles Lehman, Circuit Clerk H. NJ Golf /
member Board Of Supervisors from the Fourth
District +. Z. Thomas and Jo Ellis. Consta-
)les for the Fourth District
VIM. FRENCH,
L. r. REED
A. S. BUTCHER