Southern standard. (McMinnville, Tenn.) 1879-current, 1888-12-01

Sheriff has done. In this condition
of the matter he refused to state and
certify the valid vote given the can
didates respectively, Whether he
could have done this, or ought to have
done it, is not material here. 1t is
conclusive when it appears it is not
known what the valid vote of either
candidate is. This board has no
power to estimate an unknown vote.
1t results, therefore, that this board
cannot consider this vote. If it
attempts to estimate it, it will find it
has undertaken an impossible task.
The point is, conjectural vote is in
susceptible of estimation by this
board. This board has no power to
guess at the vote of any box. 1t can
estimate certified numbers certain in
amount, but it cannot estimate con-
jectural vote.
The contention of Mr.. Evans is that
this board shall reject a part of the
Sheriff's returns, and for a mere
matter of form. The section of the
Code above quoted expressly forbids
this board to reject return or any
part of it for matter of form or for
any reason whatever if the return
can be clearly understood.
the Sheriff declines to count the
vote in two districts, but states what
the vote of the two districts is and
shows what will be the result if they
are counted and what will be the re-
suit if they are not counted.
The counting of vote is an affirm
alive and unequiv0cal act. The mere
statement as in this case, that if "a
certain vote is to be counted the
result would be so and 80, and if not
counted the result would be so and
so," is not the counting of a vote at
all. 1t is mere conditional state
ment; the counting and certifying
of the vote is and must be an uncon
ditional act. Therefore, it follows
that as the Sheriff has refused to
count and certify the vote from the
two disputed districts this board has
no power to do so.
IDnIrNfEN-rr nod EVA NJ
First: The statute imposes upon
the Governor, and upon him alone,
the authority and duty of delivering
, a certificate of election to the candi-
. date having the highest number of
, votes for Congress. The Code of 1858,
, section $50, declares as follows:
"The Governor and Secretary OF
, State shall, as soon as the returns are
received in presence of such electors
} as choose to attend, compare the vote
| in these several cases, and declare
t the person receiving the highest
) number Of votes only elected"
The acts of 1865, oh. "a, apportions
, the State into Congressional districts
and declares as follows:
5 "That the several Sheriffs in the
g different counties in this State shall,
= en- the day succeeding the day Of
l election for members of Congress in
f the several districts as required in
. the preceding portion of this act
S make out triplicate certificates Of the
f number of votes for each candidate
t one of which shall be retained by the
e Sheriffs respectively, and the two
Y other certificates shall be Transmitted
a by them in different mails immediate
ly thereafter to the Governor, who
p upon the returns thus certified, shall
q deliver to the candidates having thu
p highest number of votes in thei
+ respective districts a certificate o
s their election as representatives t,
g the Congress of the United States"
{. Code, L >, section 930, a.
O The act of 1873, CHI. q, which again
S apportions the State into Congress
J, sional districts, repeats this language
d Acts 1873, p. 81.
v 1t is clear, therefore, that it is tn
r Governor, who examines the return
d and issues the certificates. TIL
/. Governor issues the certificate upol
is the returns certified by the Sheriffs
h This Is the only evidence upon whicl
@ the Governor, can, according to tn
O plain language Of the statute.
!. do not understand that it is con
s. tended for Mr.. Bates that tn
t Governor can base his action upo
is any other evidence than the return
II of the Sheriffs.
e 1t is necessary, then, to determin
q clearly what are, in a legal sense, tn
Is Sheriff's returns.
II Second: The Sheriff. returns cor
I, sist simply of estimates made by hin
% of the votes cast, and taken from tn