Huntsville gazette., 1892-07-16
THE MANDAMUS SUIT.
sHERIFF MURPHYs ANSWER.

I
of mandamus to issue to three officers
of said County therein named, to
show cause why certain inspectors
81 ould not be removed:
Before the Honorable H. G. Speake.
Judge of the Circuit Court for the Eighth
judicial District OF said State.
Comes Robert E. Murphy, Sheriff of
Madison County. in the State of Ala
bama. and submits this his plea to pc
tition for mandamus, heretofore filed by
one Reuben F. Kolb, on the 9th day Of
July A. D, 1892, wherein it was prayed
that. Thomas j. Taylor. Judge of Pro-
bate of Madison County, Henry B.
Roper, Clerk of the Circuit Court OF
Madison County, and the said Robert +.
Murphy, Sheriff of Madison County,
Alabama, annul and vacate the APP
pointment of J. W. Skinner. Pleas Robs
erts, Matt Brickell, Joe Belts, &. E.
Garner, Ii. L. Rice, Fortune McCrary.
Sam Gaines, and j. N. Lewis, as inspec
tors at the several precincts or voting
places as in the said petition named; and
to appoint in their said places competent
eligible and disinterested persons who
are supporters of the ticket of said per
titioner, Reuben Z. Kob.
Your respondent respectfully pleads,
in answer to each of the allegations as
he is informed, contained in said pets
ton is necessary, saying
That so far as your respondent knows,
the said petitioner, Reuben F, Kolb, wss
nominated by party Known and called
the Jeffersonian Democratic party, and
that this party is organized throughout
the State of Alabama, having all State
Offices to be filed at the approaching
August election, except Judges of the
Supreme Court; and that so far as re-
spondent knows petitioners only oppo-
nent is Honorable Thomas G. Jones, the
present Governor of the State, who was
nominated by the party known and
called the organized Democratic party of
said State; and that with him are can
didates for all of the State offices; and
that said two tickets are the only ones
known correspondent before the people
of the State for the high Office of Gov,
ernor. Respondent admits the allega-
ton in said petition as to a full county
ticket III the said county of Madison,
representing both OF said two Democratic
parties and that Thomas j. Taylor is
candidate fer Probate Judge, and Henry
B. Roper is candidate for Clerk OF the
Circuit Court of Madison County, Ala.
Respondent admits. and moreover
AYERS, that there are intelligent support
ers of said petitioners ticket in said
county, who are willing to act as inspec-
tors eff election, and be is informed and
believes that such intelligent supporters
exist in each precinct of said county
Il - L.
the 9th day OF June last, Hugh z. Bone
member of the State Executive Con-
mite of said Jeffersonian Democratic
party, that nominated petitioner, pre-
sented to respondent petition praying
that in each precinct OF said county a
Kolb manager or inspector be appoint
ed to act at the holding Of the election,
which petition is hereto attached and
marked Exhibit A." for Identification,
and is a part OF this plea.
Respondent submitted said petition to
HbpWa IaHa Ii HayafpF yaf udGfe utde q and aabbofnhS Hsp5E
| the inspectors for holding said election;
and that list of names were presented
to him, naming persons who were suita-
BILE to act as inspectors at the several
voting places or precincts, and is inform
ed and believes that they were followers
and supporters of petitioner. A com,
plete list is hereto attached and mark ed
Exhibit B." for Identification, and is
made part of this plea
| Respondent is informed and believes
that 1t is the duty OF said officers to APP
point at least one OF said inspectors in
each precinct of said county to act for
and watch the interests of the opposing
party whom he repre- senta, if practicable
under Section 352 OF Code of Alabama,
| 1856, as matter of law.
| Respondent ayers that he did not re-
fuse the prayer of said Hugh P Bones
petition, named above; but on the con-
trary, highly favored, and did all in his
power to further the prayer of said PEI
tltiOn, which seemed unto him lawful
and right.
Respondent says that he did his
| whole duty, as he construed the law and
| right, in regard to the appointment of
| inspectors, and contended for what re-
s sgondent believed the right; and out of
| 80 inspectors, he only named four who
| were accepted by Judge Thomas j. Tay.
lor and Clerk Henry B. Roper; and fur
| ther says, that be made a general OBJ
lection to all inspectors named by said
| Probate Judge and Clerk of Circuit
Court, after he was informed that all
persons he might submit as named in
said list hereto appended lex. b would
be rejected if not acceptable to said Pro-
bate Judge and Clerk of Circuit Court;
and that he did not grossly disregard
the interests Of petitioner in the APP
! pointment OF the inspectors. Respond
ent believes that the statement, con-
corning the appointment of in pectors
under Section $50 of Code of 1856 is
| correct
And respondent further says that at
No. 1-Huntsville-the allegation as to
| Henry Mcdonnell, w P. Hooper, and
~. w. Skinner being appointed inspec-
tors is true. Respondent did not object
! to the first two named, but did as TO j /.
w. Skinner. And responren is inform
ed and believes that the first two named
were appointed TO represent the organ
lied Democracy, and are supporters OF
said Jones ticket. Respondent is in
formed and believes that the third nam
ed INSPECTOR at this voting place is not
member OF the political party which
nominated relator Reuben F. Kolb.
| Respondent knows nothing as to wieth-
| or said I w Skiuuar will Sunrcrt ralo-