The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1886-11-11


why he did not count the votes for Crsw-
ford for Sheriff. This proceeding however
was withdrawn when a similar manda-
mus writ from the Supreme Court at Co.
lumbus was also served on the Clerk
about 5 p. m. This case ls set for hear
ing on the 18th, being Monday next,
when it will no doubt be argued by able
counsel before the Supreme Court In ses
sion at Columbus.
The DEMOCRAT has already given the
reasons and the law In the matter of the
Sheriff question and it is unnecessary
to reCspitulate, The Clerk gave his
reasons for his course In writing, and
it was given yesterday in this paper.
Able lawyers, among The ablest in the
State, say his course is correct and can
not be shaken. These points may be
briefly stated:
/. Section 1908 Of the Revised Stat
utes says "the Clerk taking to his assist
snce two Justices of the Peace, shall
proceed to cpen the several returns
made to his Office, etc."
2. The.authOrity Is vested in the Clerk
to decide such questions as may arise,
the Justices only being assistants In the
count.
8. The election proclamation by the
Sheriff gives due and legal notice as to
what offices are to be filled and hence
voted for. II there Is an omission an
elector can take legal steps to compel
the Sheriff TO amend.
4. The statute requires Sheriff to be
elected biennially. and hence there was
no law and no notice requiring Sheriff
to be elected this year. There being no
Sheriff to elect the law requires not the
performance of that which Is impossi-
BILE or useless.
8. In accordance with the statute the
Commissioners appointed Mr.. Leininger
go fill the vacancy and hold the Office of
Sheriff for and during the unexpIred
term"
g. The Clerk, holding the action Of |
the Commissioners as valid, and the
Sherift's election proclamation as his
guide, and there being no vacancy In
the Sherin's Office, held that there has
been no election Of Sheriff, and decided |
not TO count such votes.
The foregoing points are too plain
to be misunderstood and. the Clerk ad-
hered to them throughout with firmness
and courtesy. Ex Judge Freass tried
for an hour last evening, Monday, to
bnlldOze the Clerk and Judges, but 1t
was Of no use, save as to Justice Full |
mer. Judge FreRse's threats Of penalty, |
etc., did not scare the Clerk at least, for |
he we'll knows what he is doing, as the |
law Is plain as to his duty In the prem
ises, and he Is not alarmed at their "al- |
Tentative msndamus" for 1t Is not per-
enptory msndamus.
These gentlemen set up the absurd
claim that their Mr.. Crawford Is elected
Sheriff Of Stark county, when they we'll
know there was no election as Mr.. Welty
showed in replying to Judge Frease.
An election means choice and here there
was no choice. There was mo call for
ths election Of Sheriff as.the law con.
templates and large majority Of the
people Of Stark county obeyed the elec-
tion proclamation as was their duty.
Truly the cheek and presumption Of the
Republican leaders of Canton Is most
When the Wilmot return was opened
on Monday afternoon the Clerk inspect
ed 1t to see the evidence Of the fraud"
charged In the Repository Of November
1st which was sworn to by BENZ. r. |
Reed, Of Wilmot, a long letter OF ]. ].
Grant and Sam ]. Roberts, also charging |
on Clerk McGregor a scheme Of fraud In
preparing the poll books and tally
sheets. Well on inspection, it appear
ed the names were all right and In the |
handwriting Of Mr.. Beebout, showing |
there had been no error in this tally |
sheet as claimed by the lying political |
scoundrels. Clerk McGregor called public |
attention to the fact, but not Republi- |
can present opened his mouth. A gen.
tleman present asked the Clerk to make
q note of 1t to show how the Villains
liedl