The comet. (Johnson City, Tenn.) 1884-1916, 1888-12-06

N'N O"0~i 1" 10 mo NuOy W S'NS WY
certificate of election to Mr.. Evans,
who is elected to congress in the
Third district on the face of the re-
turns.
This decision is the right one. No
other conclusion could be reached that
would be in copsonance with q fair
minded and common sense view of the
facts. There was no case made out
that would justify the establishment
OF so dangerous precedent as that
asked for by the attorneys for Mr.,
Bates. With all the adroitness of two
most astute attorneys, they could not
present case which would stand the
test of an ordinary analysis of the law
and the facts. The proposition that
sheriffs can lawfully alter the returns
OF election judges, or throw out whole
districts by refusing to count the vot' s
passed and returned by the judges, is
fatally defective and would noS be ac-
cepted and endorsed by the public as
principle of action. The proposition
that the tentative and merely sugges.
tive certificates of the sheriffs OF Meigs
and Rhea counties are the true elec-
tion returns is utterly untenable from
any unbiased pointof view. The sher
iffs themselves, wiser than those who
urged different view, distinctly dis
claimed any assumption of q right to
amend the returns as indicated, and
throw two populous districts out Of the
count. What the American calls the
"second amendment Of returns" does
not help the case. In the alleged
amendment to the amendment the
sheriff OF Meigs county admits doubt
OF his power to throw out returns by
saying, " So far as had the power |
left the vote of said district for your
consideration, but did not expect you
to include it," Meanwhile the sheriff
OF Rhea county sent in supplement-
airy explanation, which practically *
planned the discrepancy OF two votes in
the Eighth district of that county, and
left no ground for pretense of throw
ing out the whole vote.
The further proposition that the
sheriff, or the governor, or the secreta-
ry Of state, or board of oanvassers has
right to disfranchise 598 citizens and
nullify their votes because of two sup
posed illegal votes is absurdly prepos.
ferrous. We have only to suppose the
case revt rsed and an effort made to
withhold a certificate from a demo
cratic congressman-elect on such
grounds to know what frenzy of prot
estation would have been made by
those who asked such action of Gov.
Taylor. No, the movement to secure
the certificate for Bates was partisan.
political movement, instituted quietly
without notice of contest and support
ed after the matter became contested
sue by marvelously strained inter
pretations af the law and the functions
OF ministerial officers. And all this
effort to omit the count of over 70(
votes was made to show the election
of Bates by the extraordinary majority
of one only vote, an elusively tremen
dous majority, which the simple cor
rection of the sheriH's returns il
Bradley county would blot out OF arti
fetal existencel
Gov. Taylor's conclusion is the righ
one, and will be sustained by a fair
minded public. He should give tn
certificate OF election to Evans whethe
: the secretary OF state be disposed t.
: act as an obstructionist or not. 1t j
to be hoped that Mr.. Allison has no
made up his mind to undertake t
prevent the issuance OF the certificate
n The constitution expressly states tina
"the supreme executive power OF thi
state shall be vested in the governor,
and in the matter Of issuing certif
cate OF election, upon the plain face
the returns, the governor can issue
without the permission of the secretar
OF state, The governor only can issu
such certificates and he is the cust'
ri dian OF the seal of the state. The COZ
stitution says: "There shall be a Sc
: Of this state, which shall be kept /
: the governor and used by him officia
ly, and it shall be called the great SCI
OF the state"
After all then, with all the advantaI
OF argument, law and facts on the 60
ernor's side, the better thing to do t
~ the state as well as for the democrat
party, and in the interest of CORE
- precedents, is to end the matter vii
out further agitation in accOrdan
with the governors decision -NaI
Ville Banner.
49, CATARRH CURED, health a
sweet breath secured, by Shiloh's {