The clarion. [volume] (Jackson, Miss.) 1883-1888, 1883-02-07
JUDGE HILLS DECISION.

'lhequestion is, was the failure to ap-
point some person as such inspector, who
could read and write and was suitable
and competent to discharge all the du-
ties OF said office, required of the defend
ants, acting as such inspectors, required
by the laws of the State of Missis-
silppi, and if 50, did they fail to do So,
either by failing to make the appoint
ment, or by appointing person wholly
llhterate or incompetent and unsuitable
TO discharge the duty imposed bv law
upon inspectors of election. The Code
of 1880, of this State, constitutes the
governor, lieutenant-governor, and secre-
tary OF State, State Board of Flee
TONS, and makes it their duty as such
board to appoint three competent and
suitable persons as county commissioners
OF elections for each county, and that
these boards of county commissioners
snail appoint for each election precinct
III Their respective counties three CONNIE
tent and suitable persons as inspectors
OF elections, whose duty it is to hold the
elections, to receive all legal votes given
IN at such elections as may be directed
by law, to be held at their election pre-
clncts; to count the votes when the poIls
are closed, and to ascertain the number
OF votes cast for each candidate voted
Tor at such election, and to make ont ]
statement thereof to be signed by them.
and by one of their number, or bv some
suitable person to be appointed by them,
70 cause the said returns, with the tally
sheets and votes, to be returned and de-
llvered to the Board of County Com.
N, within a prescribed time.
lhe statute further provides that, if at
such election, either of the inspectors SO
appointed. shall from any cause fail to
attend and act as such inspector, those
VINO DO attend and act shall fill such
vacancy by appointing some other per
son to fill the vacancy.
:, while the statute in providing for
the Milling of such vacancy, does not use
the words competent and suitable Derson
these qualifications are necessarily i'm,
pneu the vacancy would not be prop
cry nlled unless by one having the same
quallncatlons possessed by the person
lot whom he is substituted. The stat
ute provides that the boards Of county
commissioners, and also the inspectors
should not all belong to the same politi,
cal parties; provided that Competent
ana suitable persons Of different parties
can be secured to serve as such. The
plain meaning of this provision Of the
statute is that if competent and suitable
persons Of different parties cannot be se-
cured to serve as such commissioners ~
inspectors, then it shall be the dutv of
those making the appointment 70 an
point competent and suitable persons "a
the same party. The statute provides
and properly so, that, in any event com,
Petent and suitable persons shall Ia m
pointed to discharge these highly imnoT-
tant trusts, # such persons can be pro-
cured, and the presumption is that ey.
cry county and election district does
contain sufficient number Of such cam.
Retent and suitable persons to perform
these duties, and that, if appointed. thew
viii serve. If any county 81 d;str;ct
should be so unfortunate as not ~ cons
tam such persons, they ought "a he
abolished and added to such A d. v IN.
tain them. It is an impossibility for i