The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1891-05-13
SATURDAY, Nav 8.

Soon after the house adjourned till s
am. of the next day, and Mr.. Clark S
remarks "will be continued in our next. :"
In continuance of his speech which had
been running for two days, Mr.. Clark of
Polk on yesterday made still furtheE de-
Tense of the majority report.
He argued that the absolute disregard OF
any directory clause in the election law is
not ground for voiding the whole election.
Only If mandatory clause is neglected or
contrayened which would change or mate
rally affect the result can such voidance
be asked. The breach Of such mandatory
clause, however, isgOod ground for throw
ing out the returns even in the absence OF
fraud where such breach is material. Bul
if fraud can be purged, then it must be
done; The fraudulent votes must be eIimi-
mated and the voice of the people be heard
despite of technicalities to the contrary. II
is well settled, says Payne on Elections,
that The vote OF whole precinct should
not be thrown out if it is possible to sepa
ate The illegal votes.
The failure to take or return the oaths
of the inspectors, to open and close the
polls at the specified time. ETC., are not
grounds sufficient to make the election
illegal without proof that such lapse Or
fraud will materially affect the result 1t
is assumed that the gentlemen On the
other side will rely on the breach Of
the mandatory provisions:
1st. That the educational qualification
was nullifit d by the action Of Mr.. Clay
ton.
I'd. That some electors did not pay poll
tax, and
3D.. That some who voted did not reg.
lister.
But registration is not mandatory
provision of the law, it is one of the quail
ifications of the elector.
Mr.. Burford of Marion-The FLoRID-
IAN misquoted my speech; said there
e Al who had not paid the poll tax, as
sht wn by the registration list, not Al
who had not registered. Six voted who
had not registered.
MIR. Hocker.of Lake-In the testimony
pages 91-92 it is said that one single man
had voted without regi ,tration-the returns
show Al.
Mr.. Hutchinson Of Putnam-I have
checked it over and find that OF this Al ten
had just reached the age of 81.
MIR. Hooker of Lake-Then count it 81
and proceed in your attempt to justify
these irregularities.
MIR. Clark proceeded In his argument
which was 80 thickly sprinkled with re-
| ferences to the volume of testimony and
quotations from law books that one could
not be understood without the other. Al
last he worked himself up 10 an inspired
frenzy and exclaimed
80 man. vain man,
Dressed In Q little brief authority
Plays such fantastic tricks before high heaven,
AS make the angels weep"
The gentleman from Polk paused and
glared at the speaker as ii he were accus.
ing him of some high misdemeanor and
there was profound silence till one realized
he was addressing the canvassing board
then in Suwannee, one hundred miles
distant
Mr.. Burford-Mr. Speaker, only rise to
make personal explanation. read here
the names of six who voted at precinct No.
2, but who did not register. Ii any gentle
man can find one of those names on the
registration list, he will do more than /
can after diljgent search. Then the poll
tax shows the names of forty-one who
voted Without paying the poll.tax, will
read them and let any gentleman make the
correction ii be can Breads names)A
Mr.. Clark OF Polk here lett the evidence.
declared that he would vote according
10 his convictions and would confidently
return to o democratic constituency with
the record he had made.
Mr.. Turpbull Of Leon-Mr. Chairman,