Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1883-01-31
Important Decision in the Election Case
OF the U1ited States vs.. W. H. Car.
ruthtrs aHd Bedford Turner,
In Which He Decides that the Defendants
Were Guilty OF No Indict-
able Offense.

this court upon the subject OF the State cleo
tion laws. The defendants were inspectors
of election a: Tay lor's precinct ia Lafayette
county, and .srs the only -Rsszaps .aP
poinled az inspectors at this precinct by the
county commissioners. The law provides
that three inspectors shall be appointed for
each precinct by the county commissioners,
all of whom rhall moi belong 10 The same
politic,l party; and upon ihe failure Of the
commissioners 10 appoint three inspectors,
or upon The failure, for any reason, of amy
Of the inspectors appointed 10 act, it is the
duty Of the remsining inspectors 10 appoint
come competent and suitable person to
act as inspector with them-the three
not to belong TO the same political party. In
this case, the defendants we're both Demo.
crats, and they endeavored TO find some white
Republican or Greenbacker to act with them,
bat all those 10 whom they applied refused
10 serve, ard they, therefore, sppointed a
negro named Richard Henderson, "wbo was" /"
says the indictment, "tben aud there totally
illiterate, un.uitable, and wholly incompetent
to discharge the duties of said Office" And
this man was appointed, according to the in
dictment, "with intent to affect the election,
or the result thereof"
This was the charge brought against de-
made oyerruliug motion 10 qussh the in
dictment The grounds alleged in support
of this motion were that the indictment did
not allege any offense against ihs statutes of
the United States under the title OF "Crimes"
Col. Charles Howry, of counsel for defend.
autr, argued that the naked fact that man
is unable 10 read or write does not under The
law render him incompetent, if he be legal
voter, 10 perform the duties Of an Inspector.
Many men, unable TO read or zrite, are.pos.
sessed OF extraordinary intelligepce-of
minds, acute, able and penetrating; and are
thoroughly competent TO perform duties OF a
very much higher order than those OF a mere
election Inspector. To decide between grades
of intelligence was highly delicate M matter.
Even admitting Henderson's Incompetence,
the defendants ara guilty OF no. indictable
offense. II universal custom, continued,
peaceabIe, and reasonable, is to be followed
10 The Interpretation of statute, rather
than the private opinion OF each individual,
the defendants could not have imagined for
a moment that mere illiteracy rendered a
man incompetent to serve as an Inspector;
for, since the sta ute went into effect, hum
dreds OF illiterate men have served in this
- Il A.
appointments has until this good day re.
manned unquestioued. Suppose the governor
of this State were 10 appoint a circuit Judge
who was not learned in the law-and more
than one ouch Judge has in the past been
appointed-woud an indictment lie sgainst
the governor? Is not this parallel case?
"The question is," says Judge Hill, "was
the failure 10 appoint some person as such
inspector, who could read and write and was
suitable and competent to dische rye all the
duties of said Office, required of the defend
ants, acting such inspectors, required by
the lava OF the State of Mississippi, and il
30, did they fail TO do 30, either by failing
to make the appointment, or by appointing
a person wholly illi,eraie or incompetent
and unsuitable 10 discharge the duty imposed
by law upon inspectors OF election. The
governor, lieutenant governor, aud secretary
OF State, a State Board of Elections, 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 shsll appoint for each cleo.
tion precinct in their respective counties
three competent aud suitable persons as in
sptciors of elections, whose duty l. is 10
hold The elections, 10 receive all legal vJtes
given in at such elections as may
be directed by law, 10 be held at their
election precincls; TO count the votes
when the polls are closed, and to
ascertain the number OF votes cast for each
candidate voted for at such election, and to
make out statement thereof 10 be signed
by them; and by one of their number, or by
some suitable person to be appointed by
them, to cause the sail returns, with the
tally sheets and votes, to be returned and
delivered to the Board OF County Com mis-
sioners within a prescribed time. The
statute further provides that, If at such cleo
ton, either oil the inspectors so appointed,
shall froa soy cause fail 10 attend, and ACT
as such Inspector, those who do attend and
act, shall fill such vacancy by appointing
some other person to ell the vacancy.
"While the stature in providing for the
filling Of such vacancy does not use the
words competent aad suitable person, these
qualifications are neces :arily implied; the
vacancy would not be properly filled unle
by one having the same qualifications pos
sessed BY the person for whom he is suos'i-
tnted. The statute provides that The boards
of county commissioners, and alec the in
speetora, should not sll belong to the same
| political parties; provided that competen,
and suitable persons Of different parties can
| be secured to serve as such. The plain
meaning of this provision ef The statute is
| that il competent aud suitable parsons of
| different pJriies canno. be secured to serve
| as such commissioners or inspectors, then it
shall be the duty Of those making the ap-
pointment TO sppoiut Competent and suita-
| bic peTsons Of the same party. The statute
provides, and properly 80, that, in anv event,
competent and suitable persons snail be ap-
pointed 10 discharge these highly i'm
portant trusts, il such persons Can be
procured, and the presumption is that every
county and election district does contain a
sufficient number Of such COM pelent end
| suits BILE persons to perform these duties, and
that, if appointed, they will serve. Ii any
county or district should be 80 unfortunate
as not to contain such persons they ought 10
be abolished and q lded 10 such as do con
tain them. Ii 10 an lmpossibi ity TOR per-
son who can neither read mar write 10 prop
erly discharge ih duties Of an inspector oil
such election; it il their duty TO dslermine
What Eotes are proper TO be received AID
counted, and those properly 10 be r,j@cted
TO ascertain the whole number cast for each
candidate, and 10 mike and sign the propeT
burns.
at is urged for defendants that they car
| RELY upon their associates and clerks. Tnis
4 : 1hs u:
Judges for himself, and is not Ttquired tc
rely upon another. The proper di4charge o.
the duties of these officers is a subject il
which every voter, as we'll as the person.
voted for, has a vital interest, as we'll as the
whole public.
81 am saIisfed from the numerous ele ctisr
cases which have been before me th lat tbs
neglect, if not refusal, to sppcint competen
aud suiisb'e persous to act ss such election
commissioners sni inspectors, il the cause O.
the maj 1rity of the election Causes which
have C me before the courts IN this State
aud an evil that ought to be corrected.
ut is insisted that the duty OF The de
PENDANTS, in mskiOg the appointments, ac'et
in Judicial capacity, and tare1 therefor
not liable for snv mistakes winch they
might have made; his is true, ii il was
mistske, bat the Indictment charges that
was doue with iu,ent 10 affect the election
or retuit thsceof; this is, in effect, charging
that it wa. iraudulen,ly done; it is true tha
the wort frauGiient is not used, bu! it is no
necessary; when The act charged is frsudu
lent 1t is not necessary TO use the word. Tn
defendants being election oficerr, the indict
ment TO be good nader section 55l5 of tht
Revised S.a'uies ot the United Sta.es. uudel
which it is framed, must State that it va
with the intent 10 effect the election, or tn