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


To these judges is delegated the ex-
elusive authority to determine
whether or not a ballot shall be
received and put in the box. If they
decide to exclude aballot, the Sheriff
has no power to compel them to
receive it. OF this there can be no
doubt. 1t must be admitted that the
authority to determine whether or
not ballot shall 60 into the box
belongs exclusively to the judges of
elections.
In counting the votes there is pre-
vision made for excluding ballots in
only two cases, namely, where two
tickets are rolled up together, or
where ticket contains the names of
more persons than the elector has the
right to vote for. Code, S62.
With these two exceptions, after
the ballots have been deposited in the
box there is only one authority on
earth that can exclude them, or count
those already excluded, and that is
the tribunal established by law with
jurisdiction over contested elections
in this case the House of Represen-
tatives of the United States Congress.
That vote put into the ballot-box
may be declared by the judges illegal,
although it is numbered among the
other vote. That, fthe Sheriff's re-
turn shows that the judges actually
certified that the vote was illegal
the inspectors shall reject it from the
court.
That the Sheriff and Inspectors are
utterly without power to pass on the
legality of any vote.
Now let us apply these principles
to the case before us.
The Sheriffs of the counties in, the
Third Congressional District, includ-
ing those of Rhea and Meigs, have
certified that certain number of
votes were cast foR Evans and Bates.
The sheriff of Rhea County says
that two votes are shown by the poll
list as certified by the judges and
clerks holding the election to have
been illegal votes" not that the
judges have certified these votes to be
illegal, but that Mr.. w. M. Brown in
looking over the poll-list finds that
there were two more votes than
names on the said list, and he was
told by the judges and clerks and
believes that these two votes were
cast for the Republican candidates for
Congress.
Now assuming that the judges have
the power to declare votes illegal
after the ballots are counted and for
any cause whatever, and further
that they have expressly certified
that two illegal votes were cast for
H. Clay Evans, what would be the
result? Why, simply to exclude
these two votes, as was done in
Foute's case. The Sheriff further
states that some of the ballots were
received by one of the judges and
handed to the officer to be deposited.
Now the person authorized by
statute to receive the ballots is the
Sheriff or his Deputy. Code, section
$50.
If, therefore, this Sheriff neglected
his duty in this regard, his unofficial
statement of facts should be taken
f with good deal of allowance. But
this matter is too trivial to dwell
upon at any length.
The Sheriff of Meigs County states
that since his first return it was
: ascertained that a large illegal vote
was cast in the Eighth Civil District
Of said county by residents of Roane
= County; that this fact was ascertained
5 by comparing the list of voters on
3 the poll-list with another list made
l out before the election. but by whom
the latter list was made out he does
, not state; that there were twenty-one
, more votes cast than appeared on
said list, and that he knows some OF
: these names to be borne by residents
G of Roane County; and further more
4 that these illegal votes were cast
$ mainly or entirely for the Republican
ticket. Grant that these twenty-one
e illegal votes were cast for H. Clay
@ Evans, and this fact was so certified
by the judges of election, then, under
: the decision above referred to, they
a would simply be excluded from his
G vote and would not invalidate his
8 election.
o This same Sheriff in the same sup
Q Elemental return says: "The vote OF
sold dic4rini u,oS nc follo,t,c For Co,,