The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-11-27

To The lAllIur % TIC AultAE
Sir Your editorial Of this morning,
quoting The Chattanooga Tina, aud COM
mcntng thereon, Is rather q surprise.
There 10 nothing better settled than that
the sheriff or returning officer OF our clcc.
ton has no Judicial functions, but must
simply return the result certified By the
Judges OF Inspectors Of the election.
The Supreme Court OF Tennessee an.
nounccd This doctrine IN clear language in
the case II the State OK rel Curry w..
Wright, no llcistell, ~. Then the Com
missioner oi Registration WAS the returning
officer, with tho functions a. 10 these Of
the sheriff now. Tho court says on
plgps 2hl.& "lhc Commissioner oi Regis
| inton WIS ia this case mere returning
officer ~ such hc held no judicial power.
/ Tho ballot was CONCLUSIVE on him, Ito
hai mo- power 10 tcicct a single ballot,
or IN ANY manner 10 adjudirate
upon ilp validity Of the election
a. returned to him by the judccs The
mental operation 1T computing the vote
aud the manual act of issuing the ccrtii-
cato exhausted hs p0Ncrs, and, having
| once counted thc vote and isHued the cor
uicaic 10 the Vhttor, bis functions aud
hs duties were alike At an ond lie had
uo power e. amcnd his rAturns upon q
| rejection OF the vote of The Tenth W ard.
HE hr, WIS arbitrary aud without warrant
Of law
u is clear from this that the shcrins oi
| llhcn aud Mciw Counties had no moro
! right TO certify or return that the votes
! returned 10 them by the judges az any
voting place we're illegal than You o. l..
And having made returns Of the votes Of
thuif counties 10 the Governor. as they
did. they bad no right % amend the re-
turns, except iu case OF clerical cu0m IN
che computation. These, Of couuc, they
could correct n the vote OF any county
OF precinct IL illegal this must bo shown
In contest in this Eyans-llaic
ease before the House Of Representa-
| tiyDl In the Cuuy-Wrght ease, on
page 90i d., court continues There
WIS a tribunal VI public justice Designated
hy law. where alone the vote oi The Tcnth
Ward could De rejected, u Il was lawful
and proper 90 reject 10. The functions OF
thD returning uihyrr are ministerial only.
lie eau count the votes, sud file the re-
tutlg. and issue the certificates. aud this
IL al. This vs. said about thr office ul
sheriff. sbvr3 The returning Oti'cf ISSUES
the certificate Of election. 10 "a Congress.
man ilu Governor issues Tho certificate.
Dot ho must irsuc Dc con- the returns thl
sheriff makes Of thc votes. as returned o.
bin hy ibc Judges. and n9t upon rtlir
mcli by tho sheriff that illegal yO,ea ~yp
given at ANS pfrr,uet ln mlklug such
su.gnoul thc shoul b. assuming iulic.a
functions which Doe ha' moi
NUl DO NstS clear That The Governor
haf ul poser 10 reject any vote legally &C.
! TUNED 10 him lis duties are defined by
, tcyuUn ,os9 u the Code, - follows
: Tho Goyorngr and Secretary ul Stat.
! shall. ss soon ls the returns arr received
J in the presence ~ such electors a. choos.
10 attend, compare the vote IN lhrse apy
T ,rll cases. B. g., Tor judicial Offices Att0r
. nev General AMI mcmbers VI lensr,s
| sud declare thc person receiving the high
Z est uuuheT Of votes duly elected.
u ssetas TOO clear flr argument that th,
Geyernof las no power % rsjeg, votes
, Rs duty . simply % compare tho vote al
! the different csuniIss and sec who has th.
, highest vote, aud issue 10 him the ccrtIn
: cate. Wa. NJ. SNtu.