The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1882-02-22
SuPRRME COUNT DECISI0NS
OCTOBER TERM, iss
REPORTED WEEKLY FOR THE CLARION, BY
RoBr. sHoTWEIL, ATTORNEY-AT-LAw.


Is
RoBr sHorwEL, ATrORNEY-AI-LAw.
Z. E. PERK1Ss,
~. c. CARRAwAX
Appeal fron tn Circuit Coart o. Kinds couu-
", Hou.J. 3. Carisman, Jadee, presiIing by
Interchange with lIou. 5. 5. G -lhoon
On November -, 1881, appellee 6led his
petition to contest the election % appenaut
iJr the Office III assessor Of liiuis county.
Aa Issue was made up hetweyn the . rites aud
lury was waived aud cause trisi before toe
Judge
Atto 7. l5,R 5 T.. aud r 5 raw were oriei-
nady IN the 8 SupSry sats D,srict aud resi-
1euis thereof originally vorrl at the Auhurn
I Election Preojnci. In Jun , lSSl. an oder
was made "n the N NUTS Of tue Board Of
Supervisors taking a portion OF the above
named territory Ont OF the 81 Supervisors
/ District, residents whereof form crly voted at
Auburn, and annexed the some 90 ihe 4
supervisors District res dents whereof voted
at Edwards DEPOT The ord on the minutes
~ the Board O. supervisors also recjted that
the election precinct for the Territory thus
! gwen to thu "a Supcrgisars' District
lsheuid be the Edwards prrciuet No nc
ton whatever Was taken by the Coun-
lty Commissioners OF Election either prior or
subseq ueRt 60 the order OF the Board OF Su-
pervisors above referred tC, 50 a. TO conform
their action ia changing clecl.ot precinct
10 the action OF tee Board of Supervis sors.
| about 40 parIis residing in This disputed
| territory registered for aud voted at the El-
wards box, The registration books were re-
viewed by the Commissioners Of Elsc'on
/ prior TO the election aud changes were
made by them as to parties residing in this
| disputed territory. The whole Edwards box
was thrown out and not counted by the Com
mssionerS, on the ground that the v6 es cast
/ by parties residing In This disputed territory
were illegal. The court below deei ed that
/ he 200 voters rightly voted at Edwards Depot
Ian thaF III hnv Ia uvh t.ala
gave CONTESTANT Carraway ajority. Judg-
ment was rendered for contestant, and de-
ieudant appeals. Appellee insists that 40 APP
zeal lies in this case.
NJ Dabney and W. L. Nugeut for appellant
NJ Green, Contra.
CAMPBELL, j.,
Held
l. The right to appeal from judgment rem
dered In vacation, GA the trial OF an issue in a
case OF a contested election. i~ very clear
Code Of 1850 sections l5l, 2BuS, 2S09.
,. Power TO change election districts exists
only in the commissioners ct election 60 whom
Il is entrusted by isW.
S BY change OF tho >upervisor's districts
by the board OF supervisors u change OF cleo
lion dis rictS may be made necessary, but
that change can be made oul by the eommis-
Siouers Of election They must aot in the mat
ter.
l. Ii a change Of a supervisors district ipso
Jdct9 alleicd eleO iou ulNllloir, tue sChtm' OF
the STATE TO WELD the machinery for con iuct-
ing elections through its owa intrumentalities
wouli be made abortive, and jts chosen en-
eies for that purpose ia the severed counties
would be suhordinated q the boards of super
visors from which power over this subj clhis
been purposely Withheld.
3. The action OF the commissioners in this
case was an adoption Of the change made in
The election districts b, the board of supervi-
sors and validated IL.
l. L.. Al .
election in the boundaries Of election dis ricts
thin one month OF an cleo ion 90 he held
therein would be void as TO electors who
took no notice of suoh change aud did not n
form 70 il IN casting their votes. They might
disregard such change aud vote as II il bad
not been made but in this case the c0njoint
action Of The electors aud the commissioners
Of election removed all objection TO the change
of boundaries OF distric's n tue ground oIume
when il was made. affirmed