The Grenada sentinel. [volume] (Grenada, Miss.) 1868-1955, 1900-03-17

>0eAs "N9 VI thos oal SoJVtbSN -
Judge Longstreet, and a writ of SUPER
sedeas granted. This puts the question
fairly before the Circuit Court in Au-
gust term. To Judge Roane, who
fought the question before the Board
OF Supervisors a month ago and that
time filed a bill of exceptions which
proved fatal to the whiskey side, and
to Hon. w. G. Mclean, who, joining
hands with Judge Roane on last Mon
day, crushed out the hope OF an early
election, belong the credit of this vic
tory. The people of this community
owe a debt OF gratitude to the men who
fought their battle and won their vic
tory which will be paid by their graft
tude and respect. Mr. Horton defend
ed the whisky side, and considering
the side be had, he put up a good fight,
| but sentiment, reason and law were
against him. Whisky is forever dead
in Grenada county, and those who
still fight for it are simply mourners
over the unburied corpse. Yet a little
while the pleasant haupts that knew
them will know them DO more forever;
a few, only a few remain whose spas
modic efforts seem only to muse rather
than to excite. Whiskey Is dead in
Grenada county; rue the tiger occas-
%ionally growls in our town but his
growls are becoming weaker and
weaker; his claws are clipped and the
chill Of death is upon him. In the
deep stiffness OF the night he crawls
out to catch the unwary, but his visits
are becoming fewer and fewer. Over
his doorway an enlightened public
sentiment has written fn luming letters
what Dante saw over the gates OF hell,
Abandon all hope ye who enter here"
Whiskey is dead in Grenada county;
we will bury it soon and not a tear
will be shed above its grave. The MUIR
derer Of the innocent, the dread icono-
clast OF the age, the ravisher o! our
homes, the robber of our women and
children, shall go down to its dishon-
ored grave with the condemnation Of
a vast majority Of the right thinking
people in our county. Vale, VT curse
you.
OF CHANCELLOR LONG,
STREETS OPINION.
In delivering his opinion on the law
and facts OF the case Chancellor J. c.
Longstreet said, substantially:
THAT he would not interfere with the Or
dered election in view of the fact that many
citizens had petitioned for it and that the
Board Of Supervisors had ordered it after
patient consideration, were 1t not that the
proceedings on which the order for the cleo.
ton was based, as shown by the Bill of Ex-
ceptions, were fatally defective and INSULT
cient.
That in all proceedings instituted under
the Chapter of the Annotated Code 1892, reg
ulating the liquor traffic, the burden of
showing compliance with the many techni-
cal requirements of the statute is upon Pc
t~itioners throughout. They must show,
L 81 blidb tlp pttAblOho OhCEtu WtTt Slbutu
in proper form by the persons whose names
appear therein. There must be positive proof
made before the Board that the signatures
are genuine. There is no presumption of
law or evidence that simply because the
name Of a person uappears on the petition
that person signed the petition. The mere
filing OF a petition wherein names appear
creates no presumption that the signatures
are those Of the citizens they purport to be-
there must be proof of this fact, more or less
specific. In this case, the bill of exceptions
recites that no proof was offered by petition
ers on this line.
Again, after the first inquiry is ended and
1t is determined that the signatures are
genuine, then, the next material inquiry is,
do the petitions contain the signatures OF
one third Of the qualified electors of the
county? Here again, the burden Of estab-
fishing the affirmative of this proposition
rests on the petitioners. They must prove
everything under all circumstances at every
stage of the proceeding, from start to finish.
In responding to this obligation, petitioners
must introduce in evidence before the
Board Of Supervisors, during the investiga-
ton, every book and record. by which the
qualifications OF the alleged electors, whose
names appear on the petition, are demon
strated. The first and most essential record
is the Registration books of the county. A
man may have paid all his taxes and yet not
be registered as a voter. In such case, he is
not a qualified elector and not a qualified
| signer Of a petition. In this case, the bill OF
exceptions does not show that the Registra-
ton books were offered in evidence to be ex-
amined by the Board. 1t Is impossible To
determine who are the registered voters OF a
county without consulting the Registration
books, and yet in this case the only guide To
the evidence which the Chancellor can con-
4 sider-the bill Of exceptions-fails to show
that the Registration books were used at ali,
Again, a person may be registered and
yet may have failed to pay the taxes due
from him or his property. In this event, he
is not a qualified elector. Therefore, In de-
termining this qualification, the tax books.
both real and personal, :of a county, must be
examined. ills not sufficient to examine
the personal tax books alone, for a man NAV
have paid the taxes on his personally and
failed to pay on his realty. II is not sufici-
ent to examine the land books alone. for he
may have paid on his land and failed TO nav
on his poll and personal taxes. Both sets u
the books should be put in evidence. But
the bill of exceptions in this matter shows
that only two sets of records were offered in
evidence or examined in passing on the
qualifications of the signers,-the poll books
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