The Huttig news., 1916-08-19


 more than one county. The complaint
 shall be answered within 10 days. IT the complaint is sufficiently def
 i nlte 10 make prilna facie case, the Judee snail, unless the Circuit Court in
 which it is fled is in session or is to i convene within 30 days, call a special l term, which shall possess the powers
 of court convened in regular term. aud shall proceed at once to hear the !, case. If the case comes in regular l term it shall he given precedence and 1 be speedily determined. The judge 1 may adjourn other courts in order to
 hear such cases. and may call another l judge in exchange to sit in other
 courts. or vacate the bench in other l courts and cause a special judge to be elected to hold the same: and the ses | sion Of the special term to hear such cases shall not interfere with the va | lidity of other courts proceeding at | the same time in said circuit. The cause shall be tried by the cir cult judge in open court. without a jury; an appeal may be taken from i the Judgment, provided. however, that
 the appeal shall not operate as SUI persedees, by judicial order or other wise. and the judgment of the Circuit i Court shall, until reversed, be obeyed 1 by political committees and their of. i hcers and all election officers; further
 provided, 1t shall be the duty of the 1 Supreme Court to advance the hearing 1 of any such appeal.
 | The Circuit Court, or, when neces- Hd tNt the ClGCulI III NdGdtioH. l shall by mandamus to the officers or political parties and election of off
 cers, or both. or the secretary of state.
 enforce the proper certification and proper ballot In accordance with the Judgment of the court. and shall pun
 ish the failure Of any such officers to obey the mandamus by Imprisonment In the county Jail.
 Sec i3. Should 10 reputable citi-
 zens of any county Ale compla int
 with the circuit judge within 20 days i after a primary election. alleging that Illegal fraudulent votes were cast. or fraudulent returns or certiheatien made, or the corrupt practices act vto- lated. the circuit judge shall. If in his opinion there Is good ground 10 be lieve the charges to be true. convene special term at once. unless the reg ular term Is in session or will con vene within 90 days. If the charges come In regular term. the judge shall specially charge the Grand Jury as to them. Should a special term be called. it shall In all respects ee Us if convened by law and the circuit judge shall cause to be summoned grand and petit jurors either on lists selected by the jury commissioners or by the sher- if, or bv disinterested persons select ed by him for that purpose. according to his opinion as to the best method to select unbiased jurors. Should in- dictments he returned. either at spe- cia1 or regular term. for violating the primary election laws. the defendants
 
 term (and the court may adjourn terms of other courts In order that they may he tried), unless for good cause shown or in the interests of justice 2 contin- uance or change of venue be granted No change of venue shall be granted in such cases except after A hearing | and a finding by the court that the de- fendant not obtain 8 fair and iun- partial trial in the district Of the county where said indictment Is pend ing.
 
 satisfaction of the trial judge. in a | case instituted under Section 12. or prosecution as cont emplated by Section t3. that successful candidate has been guilty Of violating any provision of the corrupt practices act. or any other violation of the laws regulating ! primary elections the Circuit Court
 shall enter such finding as a part Of the judgment. irrespective of the de termination of the issues Tn the suit l instituted under Section 12. or the var | dict of the jury in criminal prosecu- lion: and the judFment to that effect
 shall operate to deprive the candidate | of the nominatio and right to have I his name on the ballot. and the va cancy shall he filled by special pri- 1 mary or otherwise. as may be deter 1 mined bv the party organization.
 Sec. 15. Should g proceeding under Section 12; or 3 criminal prosecution under Section 13, be not determined fna1lv until after the election. and the defendant in such proceeding Is elect cd to the office the nominee of the party and it Is determined that he was not entitled to the nomination. or the judgment contains finding that he violated the laws. provided Tn Section Ii. then such judgment shall operate custer from offfce, and the vacancy in it shall be filed as provided by law for filing vacancies In such office In case of death or resigna- ton.
 Sec. 16. No person shall he allowed to vote at any primary election held under the laws of this state. who shall not exhibit A poll tax receipt. or other within the time prescribed by law to antitle him to vote al the succeeding
 general state election Such other ev- idence shall be:
 | tified by the clerk of the County Court of the county where such tax was paid.
 (bl Or. such persons name shall ap- pear upor the list required to be cer- tffed 10 the judges of election hy Sec ton three (s) of Act 320 of the Acts If 1909.
 Or. if any person offering to vote
 shall have attained the age of 21 years since the time of assessing taxes next preceding such election. which period
 If assessment Is here declared to mean | between the second Monday in May md the second Monday in September
 If each year. and possesses the other necessary qualifications. and shall sub ait evidence bF written 3tndaNit. sat | isfactory to the judges of election.
 .eh1ishine that fact. he shall be per nitted to vote.
 All such ori@inat and certified ceptes
 ef poll tax receints and written affida- its shall he filed with the judges of lection and returned by them with eheir other returns of election. and the aid jud@cs of election shall. in addi-
 ton to their rerular list of voters make an additional list upon their poll | %aols of all such persons permitted by hem to vote. whose names do not ap- ncar on the certified list of poll tax 9avers and such poll books have a
 aeparate pace for the purpose of re ,ording names of such persons. Ii shall be the duty of each elector.
 ot the time Of navment of his poll tax
 to state. and it shall be the duty of
 he collector to record and certify in Fis receipt evidcncing the payment of ,uch poll tax. the color residence. 9ostoffice address (rural route. town .treet address).. voting precinct. and -chool district of such person at the | ti,ne of the payment of such tax. and all poll tax receipts not conta ming
 such reuurements shall be void and
 shall not be recornzed by the judges If election: provided, however. it shall not be necessary to state or have cer- ifed the street address Of any such nerson in cities and towns where the