San Marcos free press. [volume] (San Marcos, Tex.) 1877-1892, 1889-12-26
The Wren-Davis Appeal Case.

We find in the Galveston News the fol,
lowing pretty full report of the decision OF
the court of appeals in this case. 1t will
no doubt be read with interest:
Us. Davis VS.. the State ex rel. j. A.
Wren-Appeal from Hays: Quo warranto
| TO GUST Davis from the Office OF sheriff. lie
and relutor Wren were candidates for the
office at the last election. The court below
| ON the hearing held that each received the
| same number of votes and that there was
no election. There was judgment GUST
| ing Davis.
The declarations of voter after he has
voted and after the election has closed IN
| regard to his qualification to vote is not ad,
mssible in evidence.
An original ballot is sent up and shows
n distinct erasure of the name of Wren and
n faint mark across the name OF Davis.
From the ballot itself it can not be deter
mined whether it was the intention to erase
the latter or not. DAYS. should have been
allowed to prove by witness who ldentl-
fed the ballot that he made it out at the
reouest of the voter and that the mark was
not intended as an erasure.
San Marcos. in Hays county, Is mcorpo-
rated and was divided into four wards,
But two voting precincts had been estab.
lished in the city by the commissioners
court and these without reference to the
wards or that they included parts of the
surrounding country. The validity OF the
order establishing the precincts was not
questioned until this suit The statute pro-
vIdes that in each incorporated city, town
or village each ward shall constitute an cleo
ton precinct" The question Is: The court
having established the precincts not IN con-
formity with this provision aud the election
being fairly held in the precincts 30 estab-
lishe d without objection from any quarter
should it be declared elected? The court
decided that it should not. That it Is
command to the commissioners court may
be granted, but it does not follow that it Is
mandatory in the sense that it made o com
pljance with it an essential prerequisite to
the legality of the election. When the com
missioners' courts have fixed the precincts
end the election has been held it ought not
to be set aside because they have failed to
make each ward an election precinct, unless
they have acted with fraudulent purpose.
Reversed and remauded Opinion by
Gaines j. Justice Henry diesents udon the
last point noted.
Blank books for merchants
and farmers at, Reynolds &
Daniels
Now is the time, and the PLACE to buy
your toys and fancy goods is Smith d COS
Read Johnson Il Johnsons shoe talk. they
mean it. Call and be convinced.
Remember we have the largest stock
of toys in San Marcos. Smith d 20.
Raynolds & Daniel have new and I'M
proved style of Student lamp, and great
variety of other kinds of the most approved
styles, and at very low prices. Call ana
see them.
WAGONS, Carts, Wheelbarrows, and Doll
Carriages at Smith q Co.'S.
Austin Photographers.
Yancy & Rhomberg, in the Goodman
Building, near the Capitol. 1t you want
fine photographs call on them when IN the
city.
Zero syrup and Louisiana molasses new
crop at McAllister's.
Wheat bran baled sorghum and other hay.
oats. corn, ETC., always on hand at the iced
store of j. ]. Barbee, San Antonio street.
'sIts only question of time. and SNORT
| time, too, as to when your rheumatism VIII
ill