Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1885-12-05
MANDAMuS GRANrrn
The Circuit Court of Ohio Fin.,.
the ru,or,... 'inai'y Settles

Cttlfe4
the Important Question.
CINCINNATI, O., Nov. 2s-Jrd-
Smith and Swing filed into the c;ros;. No1,
room. The news that the great ssnst 1Oal.
ndam case would be decided h.S
circulated but a short time, and consoona~.
the court room was but comfortaNs sn
Some Of the principal politicians j.
county were among those present. Jnsas
Cox read the decision of the CONF,
ne nrst stated the case: IN.
the Republican candidates s
senator claimed they we're s,so,"s
but that the returning board was procasS
ing to count Illegal returns and grant ~
tihcates to the Democratic senatorial c.s
dates, and that therefore the eonr, -
asked to intervene and compel tho ho.rs -
give them certificates. The application to.O
restraining order tostay the PROCEEDINGS y
the canvassing board until this court eoriS ~.
was not an assumption of jurisdiction bv ths
common pleas court in this case. The Mo.
In abatement was therefore overruled.
The court then went on to apply the rplAS
heretofore announced in this case.
The clerk was not authorized to racaiva
amy return unless it was kept under seal nv
the judges OF election in the precinct and
delivered by one Of the judges Under this
rule cam Precincts E, Seventh ward: c
Thirteenth ward; E, Sixteenth ward. and
B, T~wenty-third ward. These precincts
should not therefore be counted by the can
wasting board.
The canvassing board had no authority to
count a return which contained no tallies
nor certified list Of electors, as was the case
with Precinct F., Ninth ward. nhis is the
precinct in which the Duckworth club blank
was sent in as a ~return.l
TIT returns from Precinct A, Fourth
ward. were signed in the name of all the
the election officers in the hand writing of
one person only. A portion of the names
were on loose sheets OF paper, and some Of
them we're clearly fraudulent and fictitious
1t is plain that T26 votes were given the
Democratic candidates, and afterward 2l
votes were added by placing a circular on
the shoulder of the sevens. The whole
paper is in such a condition as to indicate
the state Of facts above stated. Therefore
the 200 added votes must not be counted for
the Democrats.
Under the rule that all the returns must
be made before six days when the canvas,
of the returns is bsgunl, Precinct f
Eighteenth ward, should be omitted from
the abstract 1t makes no difference that
the judge of the common pleas court had
ordered the return made after the court was
begun. 1t must not be continued.
In the matter Of tallies in excess OF tina
names certified in the poll books, it has been
decided that where the excess is less than
10, it will not be considered. But whera
over 10 the excessive tallies shall not Ia
counted, the respective parties losing thore.
by in proportion to the number of votes
such parties have in the precinct By this
ruling, in the various precincts having ex
cesses, the respective parties lose the follow.
ing number of votes. In the Sixth ward
Precinct G., the Democrats lose SO, the Re
publicans 3; in the Eighth ward, Precinct
D, the Democrats lose 0 and the Republicans
/; in the Nineteenth ward, Precinct d, tho
Democrats lose 3411, the Republicans 81; in
the Twenty-fir ward, Precinct,B, the Dem.
ocrats lose 25H, and the Republicans s; ia
the Twenty-third ward, Precinct B, the
Democrats lose 6H, the Republicans liX.
Total Democratic loss l0712, total Republi.
can loss 30H.
The entire precincts thrown out are Il,
Seventh ward; G, Thirteenth ward; f, Six
teenth ward; B, T~wenty-third ward; +,
Ninth ward and + Eighteenth ward. From
Precinct A, Fourth ward, 200 votes arc
taken from the Democratic vote, and OK.
cessive votes are ratably thrown off as
given above.
This leaves the senatorial candidates with
the following votes respectively: Richard
son, Republican, 33, 734; McGill, Republican
1851; Hardacre, Republican, 80, 472; vii
son, Democrat, 33,4l7; Hopple, Democrat
80, 405; kuehnert, Democrat, So, 1856; Brash
ears, Democrat, 33, t40. This was the gen
eral opinion Of the majority Of the court
from which each of the judges dissented ii
some particulars.
Judge Cox favored throwing all Of Pre-
cinct A, Fourth ward, and @, Twenty-sec.
ond ward, out on the ground of fraud AM
irregularity. Judge Smith, in q long dis
senting~ opinion, claimed that the canvassinS
board had no right to reject a return though
satisfied there was gross fraud In the cleo.
ton itself, and that Precinct A, Fourth
ward, should not be thrown out or any par
of it except by contest. He believed tina.
the count Of the votes should be g~overnet
by the tallies and not the list Of voters, a
btobCu Al hfoi iuAlAAko VI WIG Cbuil
and that, therefore, there ar
duced. The board was right, Judge Smitl
claimed in receiving Precinct Z, Eighteenth
ward, or at least after having done so, I
should npt now be required to omit it
Judge Saith further said there were man,
other irregularities mentioned in the ecu
troversy, in a great number Of returns Oh
jected TO, but except as he Judge Smith
had spoken Of them specifically, he opinei
they were Of form but not Of substance, AM
should not be permitted to alter the result
1t is plain that had Judge Smiths individual
opinions ruled, the Democratic senatoria
candidates would have retained q majority
Judge Swings dissenting opinion wa
long, and was more OF an asserting opinioI
than other wise, since IL was Judges Swim
and Coz which formed the prevailing ma
jority OF the court in most OF the principa
questions involved.
OF course under the decision, II no appea
were taken. a writ OF mandamus would issu
to the canvassing board to compel them b
give certificates to the Republican senatorial
candidates. An appeal win DO taken, how
ever, to the state supreme court.
The attorneys win frame a statement Of
facts founded upon the courts legal decision
This will be submitted to the court mex
Friday, when further steps viii DO taken t.
get the case in proper shape for the Colum
bus tribunal.
dan Dalton, what will you do about The
decision 2" was asked.
"Doi Well, I'll wait for an official mott
fcation Of the decision first; then III obeJ
the final decision Of the court, of course
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