Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-11-25
OFFICE OF SECRETARY OF STATE, !
IAl.kS0AE N IssIssIpnI 1

Henry G. Myers, secretary of state of the State
Of Mississippi certify that the foregoing contains
true and correct transcript of the talysheet or
detailed statement OF the votes together with the
certificate of the Board of Election Commissioners
Office as the official vote cast in said county OF
Tate on the 7tlI day of November, a D., 1887, as
the same appears on die and OF record in this Of
Given hinder my hand, with the great seal of the
State attached, this, the Goth day OF November A
D., 1882. HENRY C. MYERS, Secretary OF State.
The Supreme Court of Mississi pp, in the
case of Oglesby Us. Sigman, so Miss 502,
which was Instituted for the benefit of J. R.
Chalmers, and relied ON by him to defeat
Lynch in his contest for a seat in the Forty
seventh Congress, decided That when the
commissioner, of election OF any county
have canvassed the returns made by the in
spec;ors 10 them, and declared the result,
and have transmitted 10 the secretary the
statement required by section 140, supro,
minated. Any error committed by them is
not to be corrected by requiring them to re-
assemble and correct it,"
1t is settled beyond cavil, by all the au-
thorities, that the secretary of state, in per-
| forming the duties assigned him by section
| al, acted in a purely clerical capacity,
without any right TO look beyond the face
| of the returns, or be influenced by any ex-
trinsic matters or facts in HE own knowl-
edge.
Ii could not be otherwise. Without the
power TO summon or examine witnesses, if
allowed the least discretion, his action must
be based alone upon his personal knowledge
acquired through any sources, however I'M
reliable, and always irresponsible for false
hood.
Every one knows that Jurors cannot in ey
cry matter pending before them act on per-
sonal information, but must consider the evil
"A oil ~ Al
Is SO constituted that it cannot know any facts
properly or legiiimately, except such az ap-
pear on the face of the returns from county
commissioners and, therefore, il cannot le-
gally consider any other f. =
Inc secretsy OF state could not know. and
ou.e got be intrusted with the power Of de-
, .fIminlng, that any man for whom the re-
turns upon their face showed votes had been
east, was not candidate. Such power, TN
coupled with The power to, take legal proof,
would be too dangerous. When he came TO
consider the return from Tate county, he had
as much right TO ssy&hat there vas no can
didate by the name OF Chalmers as tn at there
Nas none by the name of Chambless. He
had TO determine for whom 10 count the vote
oil Tate county, just as though both Cham
bless and Chalmers we're before him in
proper person. each demanding that The vote
be given 10 higs.
The SECRETARY could not obtain any amended
feturns by,applyins to the Board OF Commits
sloners OF Tate county, because the Supreme
Court in Chalmers's own case had decided
that they could not make any amended cor
rected or further return.
In determining whether 10 count the vote
Tor Chambless or Chalmers he had 10 be gov
erned alone by consider alton of the face of
the above paper. You speak of the "tallyn
and oil the return" as distinc', OF the italy
on the reverse side Of the returns.n DON'T
let us have any confusion OF words The
return" required by law 10 be made BY the
county commissioners is defined by section
l4O TO be "a statement of the whole number
OF votes given in their county for each can
didate voted for in such county for any Office
at such election"
That is the whole OF it. No certificate is
required. Toe "tally" which you say The
secretary chad nothing TO do with" say in
view Of the quoted law, and the only law, lie
precisely, and unmistakably, and INCIDENTALLY
the RETURN" upon which the secretary had
10 act That which you call the return" not
only Tails TO meet the definition and require
ment oil law, but upon the face disclaiIns the
dignity you give il. Does it contain a state
ment OF the whole vote cast for Chalmers?
II you ask your grocer for statement of
yonr whole account, would you think be had
complied with the request should he hand
you VI paper H0iCh contained q state
Inent OF balance due only?
How can you call it the "returp.n and
Ire at the "ialIy" as ysgrant memorandum.
when 1t only purporls 10 give a summary OF !
the tally" concluding follows; IN OF |
'cttieh fully appears by the tally-sheet on the |
opposite side OF this page, iohich ,ge certih 10 |
Dc true and correct tally sheet of the role cast in
TATE county," III the .commissioners had re. |
turned no such italy" or '.siatemeat1 as The |
law required, and the certificate which YOU 30 |
dignity, had purporIed TO be an independent |
statement oil the vote cast in TATE and not |
inc summary OF statement which it identi |
he'd and certified, then the secretary gnioh |
have acted on ii as a return, though mani |
testify informal.
But when the fnll and formal statement |
was there, aud this sells out on its face thai
lis assertions are based on such fuII ard |
formal statement, and ends BY certifyiup 10
ne correctness OF such full and formal state
nent, II Is logically impossible to maintain
NAT II Is the return upon which the law re-
luired the secretary TO act, and the full and
ormal statement, but an unsigned mema-
andum without any force or legal sigoi6.
,ance.
what you treat as the "return" was but a
voluntary certificate TO the correctness of the
eiurD. ANY statement or fact in az to |
mo received the vote cast had 10 give wav
'eiore statement in the body of the return,
Or several reasons familiar to all LAWYERS as
Ppllcable 10 the construction of written
comments:
fiI1t-Ine statement in the body of the return
~ special and particular and that in the certih-
ne was general
second-The Certificate proIesses 10 be based up-
tne statement or "faffy'' and referred 10 |
iat ior confirmation. By cerfifyingto the ..taly''
fslIsfnled the tally statement, and thus we have
- frtufn itself giving the vote to Chambless the |
fHssaH confirming the return" in one place |
~ ~ eontrAdlcts in another. protesting and
- - f~'' $3.50 nv " 'oAia- |
= hisa-ihs statements IN the tally" were re
,tsa ~ law. ana therefore Official The |
- lssfy ia the certificate was not REQUIRED bv | ,
y 80 u not oficiAl and merely surplusage ,
! Sss uaests had been simply. The foregoing