Oxford eagle. (Oxford, Lafayette Co., Miss.) 1876-current, 1883-04-26
The Chalmers Manning Case.
[Jackson Clarion.l

jackson Clarion.]
The decision of the Supreme
Court in the case OF the petition
of j. II. Chalmers for a manda.
mus to II. @. Myers, Secretary
of State. to issue to him a GER
tificate of election, is printed in
another column. The case, di.
vested Of legal phrase which
mystifies the mind oil the un
learned in law, is as follows
In Tate county, the certified
statement of the Commissioners
of Election, set forth that v. H
Manning received 1,l66 votes,
and j. X. Chalmers 1,472 votes.
A tally sheet on the next page,
set forth that Manning received
1,166 votes, and j. X. Cham,
bless 1,472 votes. After hearing
arguments and refusing to obey
a mandamus of the Circuit Court
Judge Wharton,) to suspend
the canvass until the Commits
sioners could explain the dis
crepancy and declare what they
intended to certify, the Secrc-
tary of State then and there GER
tilted to the Governor that
Chamless received 1,472 votes,
and that therefore Manning was
entitled to the certificate. where.
upon the Governor commission
ed him. Chalmers instituted
proceedings in the Circuit Court
for a mandamus requiring the
Secretary of State to make
another canvass for the purpose
of correcting the error, If any
had been made. Counsel for
Myers asked for q verdict by
the jury, which was composed
of white and colored Democrats,
Greenbackers and Republicans.
Under the instruction of Judge
Wharton, the jury rendered a
verdict that the prayer of Chal
mers for q re-canvass of the re.
turns made by the Commission
ers, should be granted. Myers
appealed to the Supreme Court,
and its decision is that there is
no judicial remedy. 1t has de.
clined to express an opinion on
the main point Of public interest,
viz: whether the Secretary OF
State should have been guided
by the tally-sheet, or the state
ment certified by the Commis
sioners, which Immediately on
discovering the discrepancy,
they declared by amended re.
rturus, us,w~e-tiso-trwv- wv-uuvi-vorrvvt
statement of the Tate county
vote, viz: For V. III. Manning,
/ 1,167 for j. II. Chalmers, ,472.
The Court holds that the Secre-
tary of State having certified
that the mythical ~. r. Cham
bless" received the 1472 votes,
and the Governor having issued
a commission on the faith of
said certificate, the case, wheth
er right or wrong, is absolutely
without a remedy, and that the
Court will not render a decision
which il cannot enforce. In
plain words, after a commission
has been issued, whether right
fully or wrongfnlly, it is ire
vocable, and the Courts can
neither recall it nor compel the
issuance of a new one. The
Court says in effect, it win not
play the part of a mere painted
Jove without the power to thun-
der. The extensive State Law
Library affords no light to point
the way How To DO 1t, or rath-
er, How To Undo 1t. To cut
the Gordian knot was the one
thing that could not be done.
The opinion is therefore barren,
and brings forcibly to mind Bos-
Wells story of the author who
wrote a book on Ireland con-
tanning a chapter on "Snakes."
He briefly said: "There are no
Snakes on this island;" and
that's all he did say. In plain
language, so far as the Court OF
highest authority is concerned,
whether Chalmers, or "Cham
bless" got the 1472, its IA gone
ease," as remediless as a claim
on a Matrimonial Insurance
Oompany-gone like the ship.
wrecked "Albany," the 'Por-
poise" or Sir John Franklin's
expedition, OF the last aerOnaut,
not to be reached by ships. OF
Artic explorer, or snOw-shoes,
diving bells, or telescope sweep
ing the air. The public who ex-
pected a decision on the merits
of the case, will be disappointed