The sun., 1891-12-30

tion In the Twenty seventh Senatorial district
whom the Senate convenes. and not Until thep,
snDe T aagS aSsSS aes q y Af seS
ssced and aaaed Sfe's to sit sfs sna s may
other was not elected, and that thus there is
sSss sss %ssIs1ts n 81 a.. !:
q Legislative .ofilse.., Here the relator comes
into court md asks It's aid to ciothe him. with
tIys action to re remoSe Ssf; obssaees @ which stand
n his pathway in his, proposed Intrusion into
sSS Sss Is o %pd int 5 So a ct and hs
simply determines that It will not aid him, and
n making such discrimination II i1 no way n.
Which he has nvoEod Would hayo snb,
son a
,,i,,t Of Sherwood: The same line Of reasonine
tion, for mandamus. This cannot be. treated
rs hsf in any ~, sense ss proseedina on the bs-
mcnt be turned into .such. q proceeding.
a writ OF mandamus on behalf Of the people In
Ss Ss
or some District Attorney. and the Endorse
ment upon the writ must show that 1t was ia
the name Of % no nerson need appear M sa Ss relatop
uron the application OF Sherwood, a pri.
such case the proceeding is clearly one to
enforce civil remedy. and the people are
rrcsenco is due to the survival Of a form which
has long since ceased to have any significance
or utility. Tho real party IN interest Is the ~ ~.
proceeding would abate.
.,!e We need not, therefore, now determin.s what
cation Of the people through some ofiicer ,au.
thor!fsd f. represent 81 r. them: w agreed THAT that
to go go outside II the returns Of the county
as s.s' to tho slIsIbility q the C candidates
ThS ySG y ssD the be
si0thed y with i,Se eaSthority to detern term ,ne @ that
determine dsa WHether es' tho % mino?ts h eaDdaat
p9t SnS tie elisStty Of a6s ma
Ills ineliGiSilty within the rules laid down IN
Sons o tSo SRs Wiz sho duty
sns srssPd ss.s s sast Sr q nss
the ToR BaSt isdS OF Sec
nae Is oea ia hHS shall
died. shall be or become Ineligible: or shall shall
Tans
office for which such deceased. ineligible.
or withdrawn candidate was nominated:
Sad hs ss
hut such gneillcial ballot shah contain oHly
deeeased. dec ni II inciS}bie I or withdrawn candidate
and under the dsfsnatodn, Ci the Office for
That prov vfsion was intended merely to en-
Sa@sa end i Is 0n IL sse Sso ssn
the namo Of tho candidate on tho official bal
lot is 70 be considered as having been erased.
names were upon tho otfisial ballots.
N Ss ssSs sGs Of sas HR
vision in section s43 Of tho Code:
made to do an act in official capacity. requires
ht propa pr e sssSs It t.
may receive an affidavit .2r that PURPOSE.
AS the State Canyassers% % haze no g iTrisdiIctton M
they 1 can have no offciaI act to perform in ref.
erence thereto. and they can require no infor.
an ha or enable ars
tho discharge Of that duty. to what lawfully
S s, ed 81 58Ssds y 6 ths S fstn them
nepeaon IN tSs
vessers. ono Of which is where It Is claimed
s rs or
take proof ~ affidavit to inform themselves
''S WHIe. thereiore, :he State canvasssrs were
bound to canvass tho returns from tho Twenty
seventh Senatorial district and to DECLARE the
in with the law yet for rs sd
tho relator. Tho action or. non-action OF
the canvassers may hs an obstacle In his way.
In a case like this. where the facts showing
his ineligibility are nndisputed, assist him In
St hs He es ns tbs tSs ggsass
without either Of them having certineate Of
election: and that body viii have iurisdiSt,on
nsres With this 'es court reator sa
eligible and also nd tas f Se
election will have to be ordered in that district.
The electors there can then Sh9ose a p person
H lar better that they should be called upon to
saq Hn tsa saot1 Of
Ind the success Of our republican Institutions
iegend upon obedence 6, t, to the Constitution &,
people Of this country must build. and It would
s fef tas s1%r az
less anywhere: II, is quite true that
majority Of the oleGters IN the Twenty,
hat the rclator should represent them IN the !
senate, and it is unfortunate that that will |
should for the present be defeated; but under |
,ilr system Of government. founded upon the
u efor. nee in the forms prescribed by the Con-
titution and the laws. II, Is better that an !
Election Of Senator should fail than TINT tho |
or laws should be nullifed or vio- |
atsd. In Gulick agt Now IA Ind. 63l 1t was |
yell said:
rnment tho majority should rule and that II |
he course indicated Is not followed q majority |
4 the voters may no disfranchised. their voice |
isrcEardcd. and their rights tramnled under |
rue, hy tho Constitution and laws OF this |
tate, the voice of ~ majority controls our elec-
ions hut thGt voice must be constitutional!y !
nd legally expressed. Even majority should |
ot nullify provision OF the Constitution. or |
e permitted at will to disregard the law. This
, the strength and beauty OF our institutions"
u tie i.e0 "andidatos was inoiglSIe. and tIat
;as known to the electors, or the facts were |
,,ch that they were bound to know IT. votes
nst for him would be Intellectual and would |
ave to he dsregurdcd. and tho candidate re;
ewing majority OF the legal votes declared
iected.
{ tho Ge,leral and Special Terms should be
and the application for o mandamus