Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1882-08-01

constable. The ticket contained the names
Of more persons than the elector had a
right to vote for, and the Judges of the
election in that ward held, under the statute,
that the ticket could not be counted, or at
Least they did not count it, s. ~
But on the next day, the eth of August,
1880, q paper was drawn up end signed by
the officers of election in said ward in which
the fects relative to said ticket are stated and
they certify them to the sheriff 10 the end
that the ticket may be counted if lawful.
Before concluding the document, however,
they seem to have changed their minds as
to the propriety of the counting of the
ticket by the sheriff, ard state, in conclu
sion, that they have taken counsel, and be-
ing advised that the ballot is valid as to
Gossett, Swan and Mayer, they certify an
additional vote for each one of them.
1t is apparent that the returns from the
fifth ward had been made before this paper
was drawn. 1t j. stated therein that, TN
addition to the votes cast as reported 5y as,
there was cast a ballot, &c.;" and the paper
is styled Oh its face, Supplemental or
amended RETURN"
Certifying officers can make their certifi-
Gates evidence only of the facts which
the statute requires them to certify; and
when they undertake to go beyond this and
certify other facts they are unofficial, and
no more evidence than the statements of
unofficial persons. Besides when the of
Ulcers of the election IN the fifth ward made
their return, they were .ftnctus oDfcio and
subsequent acts by them as such officers,
were unauthonzed. "a @
The returning officer should not have no.
iced the amended. or supplemental re
turns, " and his action in deing SO and count
ing the vote therein certified, was erroneous
1t can be readily seen that, if amended
or supplemental returns were allowable
they would become numerous in every case
of closely contested election, and that
fraud and confusion would ensue. Here
the judge by reference to the stat
utes and the evidence on file, aud by illus
ton showed how unwise and ilnpraeticable
it would be for returning officers to exercise
Judicial functions,) and added; This view
Is stated in aid # the principle that u re-
turning officer can look to nothing beyond
the face of the returns; that no evidence
aliGAde can be heard. There is some evi-
dence on ME tending to show that Illegal
votes were cast for the reiator. This evi-
dence would be useful III case of contested
election Int cannot be looked to III this
proceeding. The parties III this court must
rest their rights on the returns. Nothing
can be added to, or subtracteds from
them. ..- a# . = 81
The question of jurisdiction has again
been raised, and ably and deliberately dis
cussed | had the question under consider
alton when this cause was before me on de
murrer. l then came to the conclusion
that the Supreme Court had settled tue
question i'll the case of the State ecr6t0-
tone, &c, VS.. Wright. 10 HeiskelD That
case has been attacked unsound. What
this court may think of the construction
placed by the Supreme Court on the statute
in that case is matter of no sort of conse-
quence So far as | am advised that decis-
ion remains unTeversed. The Supreme
Court can reverse it if it shall occur tor that
tribunal to be advisable. This court can
not. So long as 1t is unreversed 1t is bind
ing on me. Cases of this character are not
pleasant for an inferior court composed of
one Judge upon whom devolves the whole
responsibility; but the case having been
brought in this court under the statute,
no thought of evading the duty imposed
upon the court has been entertained. Coun-
sci on both sides expressed desire to have
the case Disposed of at this term, and | have
decided it according to what esteem to be
the law as now laid down. 1t is proper to
add that think no unworthy or improper
motives can beimputed to the officers of
election, nor do | see any reason to ques-
tor the good faith of the returning officer.
In the delicate position occupied by him he
guided his steps, | doubt not, by the best
lights before him.
Leta decree be entered for the relator