The Caucasian. (Clinton, N.C.) 188?-1913, 1894-11-15
llas1a
NO. 3.
Ssse4E 81 eEEaE COURT DECISIONS oN
EnH rowgKs "a UopS1N CAN
tassI~g uuaRnS

Eaa45s y
/ De County tanvaSSing Boards
that mel GA Thursday after the eiee-
Ipn are invested , III the power aud
ao't q eaaFasslnS !hr returns aud
'.'r5nl5n'nG aud declaring the rcsnit
. - tne election.
W dg'm u bat just and proper to
1''a' - 'i'' az, a'''A 81 th"se inter
es'''d 'h' 'east'uSaons oi onf sn-
ffrh,' e'aT' GA tie la" governing
'hF t"''rs o' The Iaa'Assing boards.
..''. q. + ''-''''''S '"' requirements "i
,ls "a" d" ''"9ueC~k 'As e'eeuon
-,'"' arc director! from those that
ar "I.,'' :, ,,''"'l J.
/ -. 4'' "a '''I'v''i - N''A"isoh, i"> ~
= ~. - - AZ AZ. - tue ,Au 'Ass-
~ la. - u u '''''u''u" Toun'f ts.
- "a ''-"' - i''"i "'i "
=" '-s"'f y" 'H' s'o"Hu 'n"' 'he
'''' "a '''' ~ S''o" "h"' u'iise 'ne
.'''''''i' vas 'o,'" ioi' anu "s i"''h-
- s'0"uuS % "'y'C''o"
II. ne proper cath land III some
instances The oath MAS not taken)
Was not administered To the electors
oeioFe the registration OF their
names.
he registrar oi voters was
not legally appointed.
-. The failure 10 keep open for
inspection the registration books
from > IA. III. Ia 2. IN. on Saturday
preceding the election.
-. That rolled up votes were
improperly received and other dsNi-
atoms from the statutory regulations
as Is found IN Volume ; of the Code,
Chapter Ii, Section 266S and follow
/ ing.
Chief Justice Smith, in comment
ing upon these several propositions
Oh page III, says:
That the failure 10 have new
registration when ordered, because
the order was made within 80 days
OF the time required 10y law for
opening the books Of registration,
did not excuse the CanyassIEg Board
IN excluding that prclnct vote from
the count made*to ascertain the gen
erai result.
lie negltCtof the inspectors or
clerk TO take an oath would not have
yitIated the election 1t might have
subjected these officers to indictment
If tie heg lect was wItful.
al he forms which must be ossery-
ed in order 10 render the election
yalid, are those " hicn eject The mer-
its.
"Ihc rules prescribed 10y law for
conducting an election are deslgned
chiefly 10 afford an opportunity for
the free and fair exercise of the cleo
tive franchise and To ascertain with
certainty the result; such rules are
directory, not JurisdictionaI or i'm
perative."
.'If, as in most eases, the statute
simply provides certain acts, or things
shall be done within particular
time, or in 4 particular manner, and
. does not declare that this perform
ance is essential to the validity of the
election, then they will be regarded
as directory, if they do not effect the
| merits of the election.
I'VE deem this a sound and just
f exposition of the law, as furnishing
? u reasonable guide IN solving contro
o yersles growing out Of popular cleo
t tions, which are becoming 80 numer
: GUS"
| After meeting every position urged
. as the several grounds for throwing
e out the returns, the Chief JustIc'
: (page 47i) lays down this as the rul'
to guide eIectioE officers;
I'VE are OF the opinion that dis
regard of those directions found II
Is the fundamental or statutory Law
r except as to the time and place o
It no di z the electlon) relating to tn
1t manner of conducting 1t, designated
d as irregularities not eIfectlpg the re
suit as a falr eXsress!on OF the popu
d lar will, does not warrant rejoctiol
It of the vote given at a polling place
le "Agaiu there were many votes
d more than hundred, rs Il witnes
N testified, handed in rolled up, secur
" ed by an elastic band, which wer
given for the relator, and these wer
# distributed among the boxes by tn
: Judges. These were, in our opinion
not obnoxious to the requirements 0
M Sec. 26S7, and were properly receive
n and counted"
d la this case the numerous objec
q tlons were overruled as not author
~ izing or iustifying the County Car
vasslng Board to reject the return
L. from "Wolf Pit" precinct.
O. la Hampton VS.. Waldrop (l04 \
\ 4 u 153l the Conutv Cauvassin