The comet. (Johnson City, Tenn.) 1884-1916, 1910-11-17
THE ELECTION CONTEST.

There is considerable speculation in
different quarters and among different
classes and factions over the rumor Of
a probable contest for congress, govern
or and various members of the legisla.
ture arising out of alleged irregularities
in the late election. AS matter Of
information and news, and without
attempting in any way to bolster up
the claims of any candidate or any fac.
ton, or showing how this or that man
or this or that party will be affected, ii
is believed that statement Of the legal
principle involved will do no harm.
Some three years ago in a contested
election over the office of register OF
s ,ott county, Tenn, the supreme court
in "free and untrammeled " opinion
by Judge Neil, reported in Vol. 1I9 of
Tennessee Reports, held most positive
ly that certain ''dotted lines" or "solid
black lines y appearing on three by
seven ballot absolutely vitiated and
rendered void all such ballots where
the same appeared. Judge Neil fur
ther held that the word "for" appear
ing before the designation of the office
to be voted for, as "For Congress-" or
"For Governor" instead of the word
"Congress y or Governor" rendered
all such ballots absolutely void and
held that they should not and could
not be counted, and if counted would
be thrown out. Judge Neil held this
to be the law, following and interpret
ing section 1850 of Shannon's Code of
Tennessee, which prohibits the placing
of any picture, sign, color, mark, index
or insignia on any ballot, and which
rendered any such ballot invalid. In
other words, Judge Neil held that
these "dotted lines" and "black lines"
and the words "for" and "vote for
two, "etc., on these ballots were marks,
signs, etc, in violation of the statute,
and that they were all therefore invalid
,,n;I
Now this is unquestionably the law.
81 then what application is sought
with reference to the late election?
Among the minor Irregularities now
presented, though sufficient if shown,
is the use and presence on many ballots
of the words "full term F" or "short
term and the frequent use of the
word "for" before the name of the Of
flee. But the main and most material
charge made, and one which goes to
every vote cast for certain candidates
for congress and other offices is the
presence and appearance on the ballots
of the foreign and unauthorized worGs
Unexpired Term" "Short Term"
and under this the name of some one,
such as ICY III. Lyle" or ~. ID. Mas
sey.u 1t is contended that no election
had been called or ordered by proper
authority to elect a member of congress
to fill out the uneXpired term of Con-
gresham Brownlow% without which
an election therefor was unauthorized,
and that therefore all ballots whereon
appeared the name of an office not le-
gally to be filled and candidate who
could not be elected, constituted a
mark, or sign or insignia, in violation
of law, more patent and bold than the
mere use of the one word "for" as
held vitiatory by Judge Neil. Ger
tainly, if there was no authority in law
to elect man TO fill out the uneXpired
term of Mr. Brownlow, then all this
wording on the ballots dealing with
such unexpired term and the name of
any candidate hereunder, each and
both rendered all such ballots null and
void under the holding of Judge Neil,
If all such ballots were illegal and
void, and there were any ballots cast
not so Illegal, the candidate receiving
the highest number of these legal bal
lots, that is the ballots free from this
illegal matter, was elected in law, and
any tribunal having the power so TO
declare could and would so hold. And
in addition it is positive violation of
law for any officer of election or cleo
ton commissioner to count and return
any such ballots.
So then the main question comes up,
was there legal warrant and authority
for the holding of an election on No
vember to elect a member of congress
to fill out the unexpired term of Mr.. !
Brownlow? Was such an election or =