The Copiah signal. (Hazlehurst, Miss.) 1882-1883, 1883-01-19

Watts IN, in support Of tho motion,
was pronounced by many OF tie en-
ipent v.siting lawyer. to be OF extra
ordinary ability and power. Judge
Hills opinion was elaborate and able.
Tho prosecution gave notice that they
would file row information against
these defendants tomorrow.
Tho Manning. Chalmers Case
Yesterday The Circuit Court (Judg''
Whurton) pasaod upon tho question
of law arising upon the dcmurreis OF
the Secretary Of Slate 10 the petit
ton and supplemental petition filed
by James II. Chalmers aud sustained
no ,iaws urged by tho counsel for
Chalmers. The Judge dclivo ing the
opinion, which was very ablo and ma
turoly considered, held that the
cour. had jurisdiction OF the cas' ,and
tho authority to issue the prohibitory
ordor requiring tho Secretary TO
pause in bis CONT or to add t. th'
votes given for Chalmers tho li72
votes, which no afterwards III viola
ton OF tho order, counted for j. i.
Chamblses, or show carso to the
contrary.
Proceeding TO tho discussion o;
tho question arising upon tho certi-
fed statement and the "tally sheet
accompanying the same, Judge
Wharton held that the supposed
"tally sheet" was an uuoflicia. d Gu
mcnt and should have been disrcgar-
ded by The Secretary OF State; or
tina. lille had doubts as to which OF
tho papers manifested tho concln>
sion reached by the Commissioners
Of Election OF Tate county, it was
his duty 10 return both to tho Com
missioners for veriication: The
Court further adjudged that the sub
sequent action Of the Commissioners
Immediately after knowledge OF the
discrepancy in giving a certified, tab.
ular statement showing that the
votes cast at tho several precincts Of
their county were for Chalmers and
not Chambless, as they had at first
determined, thus corrocting the mis-
prision Of a clerk, wal perfectly COM
pc,cnt, aud trustworthy. and tina.
the Secretary OF S ate should there
upon have recalled bis certificate is-
sued in favor of NJ inning and given
another IL lieu thereof and according
to tho .acts in favor Of Chalmors.-
Judgs Wharton illustrated bis
views On this point by reference to
the case Of Goodc and Hurst when
opposing candidates for the position
of Judge OF the High Court OF Err.
rvrs and Appeals made vacant by
tho death o. Chief Justice Smith. Il
that case the certificate had been is
sued by the Secretary of State to
Goode, but tho returns from Amite
and Pike, before delayed by foods,
was transmitted to the Secretary OF
State and reached his hands after
tho lapse OF "thirty days" Immediate
ly following the election. But the
Secretary of State and Governor, On
tho advice of tho Attorney General,
promptly recalled the certificate and
commission issued in favor Of and to
Goodc, and gavo the certificate and
commission to Hurst, who. counting
tho statements resolved from Amite
and Pike. had received the majority
OF the votes cast.
In tho coaise OF Lis opinion the
Judge said that under the law, the
Governor has no discretion butte ia-
sue the commission to tho person
declared to have beon elected by the
Secretary Of State.
Commenting on the case OF Ogles-
by VI. Sigman, relied upon by the
Secretary to sustain his action, Judge
Wharton said twas not applicable
to tho Chalmcrs.M aiming controver.
~. 1t was not here attempted to
reconvene the county commissioners,
and compel recanvass otthe votes
so as to make them reach o different
conclusion, nor was il intended to CT
feet them in any way. The L Ito
commissioners OF their own free will
executed duplicate paper that truly
and beyond doub. manifested the
really reached by them