The Huttig news., 1916-08-26


 saleh In one county, and within 20
 uayn 1T against the certification in
 more than one county. The complaint
 snail be answered within 10 days.
 IT the complaint is sufficiently defi-
 nlte to make a prima facie case, the
 Juoge shall, unless the Circuit Court in | wheh it is filed is in session or is to convene within 30 days. call a special term, which shall possess the powers
 of court convened in regular term.
 and shall proceed at once to hear the case. If the case comes in regular
 term 1t shall be given precedence and
 De speedily determined. The judge | may adjourn other courts in order to
 hear such cases, and may call another | Judge in exchange to sit in other | courts. or vacate the bench in other courts and cause special judge to be | elected to hold the same; and the ses l 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 l cut judge in open court, without a
 Jury an appeal may be taken from l the Judgment, provided, however. that
 the appeal shall not operate as su- l persedeas, by judicial order or other
 wise. and the Judgment of the Circuit court shall, until reversed, be obeyed l by political committees and their of
 ncers and all election officers; further
 provided If shall be the duty of the Supreme Court to advance the hearing
 of any such appeal.
 The Circuit Court. or. when neces-
 sary, the circuit judge. In vacation. shall, by mandamus to the officers of
 political parties and election of off, cers, or both. or the secretary of state. enforce the proper certihcation 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. 13. Should 10 reputable citf- zens of any county file complaint with the circuit judge within 20 days 1 after primary election. alleging that | Illegal or fraudulent votes were cast. or fraudulent returns or .certification
 made. or the corrupt practices act vto-
 lated, the circuit judge shall. If In his opinion there Is good ground to be- | lieve the charges to be true. convene A
 'pecial term at once, unless the reg ular term is In session will con yene within 20 days. If the charges come Tn a regular term, the judge
 shall specially charge the Grand Jury | IS to them. Should special term be called. it shall in all respects ee as 1T
 convened by law. and the circuit judge 'hall cause to be summoned grand and petit jurors, either on lists selected by | he Jury commissioners or by the sher- 1 f. or bv diSinterested persons select | ad by him for that purpose. according | to his opinion as to the best method | to select unbiased jurors. Should in i iictments be returned, either at spe- 1 eal or regular term. for violating the primary election laws the defendants l hall be given speedy trial at said | term (and the court may adjourn terms | If other courts in order that they may l 1e tried) unless for good cause shown | pr in the interests of justice contin- | nance or change of venue he granted. 1 No change of venue shall be granted | In such cases except after a hearing l and finding by the court that the de- n n- | partial trial in the district of the
 sounty where said indictment Is pend | Ing.
 Sec. II. Should 1t he proved to the satisfaction of the trial judge. in a | case instituted under Section t2. or A prosecution as contemnlated hv Section t3. that successful candidate has Aeen guilty of violating any provision nf 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 he iudgment irrespective ef the de- imitation of the issues In the suit
 Instituted under Section f2 or the yer dict of the jury In criminal prescott ion: and the judgment to that effect shall operate to deprive the candidate | If the nomination aud right to have l his name on the ballot, and the va | cancy shall be filled by special pri- mary or otherwise may be deter mined ny the party organization.
 Sec 15. Should a proceeding under Section 12 or criminal prosecution under Section 13 be not determined finally until after the election. and the defendant in such proceeding Is elect cd to the office as the nominee of the party, and it Is determined that he vas not entitled to the nomination. or the judgment contains a finding that he violated the laws, provided in Section IA. then such judgment shall operate as an custer from office. and the vacancy in 1t shall he filled as yo, fa r., 7uch office in case of death or resiEna tion.
 Sec 1e No person shall he allowed to vote at any primary election held not exhibit a poll tax receipt or other | evidence that he has paid his poll tax within the time prescribed by law to entitle him to vote at the succeeding general state election. Such other ev- idence shall be:
 faN copy of such receipt duly cer- | tifed by the clerk of the County Court of the county where such tax was paid.
 (b) Or. such persons name shall ap- pear upon the list reouirnd to be cer- tifed to the judges of election by Sec ton three (3) of Act 320 of the Acts
 Or. If any person offering to vote shall have attained the aGe of 21 years since inc time of assessing taxes next proceeding such election. which period
 
 between the second Monday Tn May nd the second Monday in September of each year. and posseSses the other necessary qua lifcations and shall sub nit evidence bv written affidavit, sat isfaet to the iudges Of election, es- tabltshing that fact. he shall be per mitted to vote.
 All such original and certified copies If poll tax receints and written af1lda- wits shall he filed with the judges of election and returned by them with | their other returns of election. and the | said judges of election shall. In addi- | ton to their regular list of voters make an additional list upon their poll Nooks of all such persons permitted by them to vote whose names do not ap- aear on tho certified list Of poll tax 1avers and such poll books have a | sepa te page for the purpose of re- oordin~ names of such persons.
 II shall be the duty of each e'ector, at the time of payment of his poll tax to state and 1t shall he the duty of he collector to record and certify in | his receipt evidencing the payment Of | ,ueh noll tax the color, residence, | nostoffice address (rural route town or street addrees), voting precinct. and school district of such person at the time of the payment of such tax and all poll tax receipts not conta ming such requirements shall be void and shall not be recornized by the judges of election: provided. however it shall