The Brookhaven leader. [volume] (Brookhaven, Miss.) 1883-1891, 1883-04-26
The misunderstanding Case.


The decision of the Supreme
Court in the case tf the petitieo
of J. Chalmers for a mand@mus to
II. C. Myers, Secretary of STATE TO
issue to him a certificate of election,
is printed another column. The
case, div, sted Of legal phrase which
mystifies the mind of the unlearDcd
in the law, is az follows: Ia Tate
county, the certified stat ment of the
Commissioners of Election, set forth
that V. II. Manning received 1,166
votes, and J. r. Chalmers 1,472.
A tally sheet on the next page, set
forth that Manning received 1,l66
votes, and j. r. Chambless ,472
votes. After hearing argument and
re fusing to obey mandamus of the
Circuit Court Judge Wharton) to
suspend the canvass until the Com
missiorers could explain the discrc-
panoy and declare what they intend
ed TO certify, the Secretary Of State
then and there certified to the Cover
nor that Chambless received 1,472.
and that therefore Manning was en-
titled to the certificate, whereupon
the Governor commissioned him.
Chalmers instituted proceedings in
the Circuit Court for q mandamus
requiring the Secretary Of State to
make another canvass for the pur
pose of correcting the error, if any
had been made. Counsel for Myers
asked for a verdict by the jury,
which was composed of white and
coiored Democrats, Greenbackers
and Republicans. Under the in =
struction of Judge Wharton, the jury
rendered a verdict that the prayer of
Chalmers for re canvass of the re-
turns made by the Commissioners
should he granted. Myers appealed
to the Supreme Court, and Its dicis-
ion is that there is no judicial RENE
dy. 1t has declined to express an
opinion on the marin point Of public
interest, viz: whether the Secretary
of State should have been gnided by
the tally-sheet, or the statement
certified by the Commissioners,
which Immediately on discovering
the discrepancy, they declared by
amended returns, was the true and
correct statement of the Tate coun-
ty vote, viz: For v. Fl. Manning,
jog; for J. R. Chalmers, 1,472
The Court holds that the Secretary
of State having certified that the
mythical ~. r. Chambless" receiv.
Ell the l472 votes, and the Governor
having issued a commission on the
faith of said certificate, the case,
whether right or wrong, is absolute
~ without remedy, and that the
Court will not render decision which
it cannot enforce. In plain words,
after commission has been issued,
whether ri2htfully or wrongfully, it
is irrevocable, and the Courts can
neither recall it nor compel the issu.
ance Of q new one. The Courts says
in effect, it will not play the part
of mere painted Jovc without the
power to thunder. The extensive
State Law library affords no light
to point the way How To Do 1t, or
rather 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 Boswell's story of the author
who wrote book on Ireland con-
tanning capter 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
"Chambless," got the 1472, it's "a
gone case" as remediless as claim
on Matrimonial Insurance Compa-
ny-gone like the shipwrecked
albany" the "Porpoise" or Sir
John Franklin's expedition, or the
last aeronaut, not to be reached by
ships, or Attic explorer, or snow
shoes, or diving bells. or telescope
sweeping the air. The public who
expected q decision on the merits of
the case, will be disappointed