The Harrison times., 1916-08-19


days II against the sertineation In
more than one county. The complaint
shall be answered within 10 dAys.
IL the complaint 4. sufficiently den
mite TO make "A prima facle case IN
judge shall. unless the Circuit Court IN
which IL is iiled 10 In session o! Is 10
convene within 30 Gays. call a special
term. which shall possess the powers
OF a court convened In regular term
and shall proceed at once to hear the
! case. II the case comes in regula.
| term II shall be given precedence anu
| be speedily determined. The luus
may adjourn other courts In order 70
hear such cases. and may call another
Judge In exchange 10 sit In otheT
courts, or vacate the bench In other
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 al
| the same time In said circuit.
The cause shall be tried by the cir
cult Judge in open court, without
| jury; an appeal may be taken from
| the Judgment, provided, however, that
| the appeal shall not operate as q su-
persedeas by judicial order or other
wise. and the Judgment OF the Circuit
Court shall, until reversed be obeyed
| by political committees and their Of
hcers and all election officers; further
provided. It 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 or
| political parties and election oth-
GERS, or both, or the secretary OF state.
enforce the proper certifcation and
proper ballot in accordance with the
! judgment OF the court, and shall pun
| ish the failure OF any such officers 10
obey the mandamus by imprisonment
in the county Jail.
! Sec. 13. Should 10 reputable citi-
zens or any county file a complaint
win the circuit judge within 20 days
after primary election, alleging that
| Illegal or fraudulent votes We're cast
| or fraudulent returns or certincatoh
made, or the corrupt practices act Yfo-
lated. the circuit judge shall. II in his
| opinion there is good ground to pc
J lieve the charges 20 be true. convene
| special term at once. unless the reg
ular term is in session or VIII con-
vene within 80 days. II the charges
| come i'm a regular term, the judge
shall specially charge the Grand Jury
as to them. Should a special term be
| called, ii shall in all respects be as II
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-
! iff or by disinterested persons select
! ed by him for that purpose, according
| to his opinion as 10 the best method
| to select unbias ased jurors. Should in
dictmentS he returned, either al a spe-
cial or regular term for violating the
primary election laws, the defendants
! shall be given speedy trial at said
| term land the court may adjourn terms
of other courts in order that they. may
be tried. unless for good cause shown
or in the interests Of Justice a 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 can not obtain fair and I'M
partial trial in the district Of the
| county where said indictment is pend
| ing
| Sec. IA. Should it be proved to the
| satisfaction Of the trial Judge, in a
case instituted under Section 12. or a
| prosecution as contemplated by Section
rs, that a 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 g part Of
! the judgment, irrespective Of the de-
! termination Of the issues in the suit
! instituted under Section II, or the YER
! dict of the jury in a criminal prosecu-
! tion: and the judgment to that effect
shall operate to deprive the candidate
| Of the nomination and right to have
! his name on the ballot, and the va
cancy shall be filled by a special pri-
| mary or otherwise. as may be deter
mined by the party organization.
Sec. Is. Should proceeding under
Section 10, or a criminal prosecution
under Section 1S, be not determined
finally until after the election, and the
defendant in such proceeding is elect
| ed TO the Office as the nominee OF the
party, and it Is determined that he
was not entitled to the nomination, or
! the Judgment contains a finding that
he violated the laws, as provided in
Section IA, then such judgment shall
! operate as an custer from Office, and
! the vacancy in 1t shall be filled as
provided by law for filing vacancies in
such office in case OF death or resigna-
| tion.
Sec. 16. No person shall be allowed
to vote at any primary election held
under the laws Of this state, who shall
I not exhibit 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:
(a) A copy OF such receipt duly GER
tilted by the clerk Of the County Court
OF the county where such tax was
paid.
pear upon the list required to be GER
| titled to the judges Of election by Sec
tion three CD of Act 800 OF the Acts
of 1909.
or, If any person offering to vote
shall have attained the age OF 81 years
! since the time Of assessing taxes next
preceding such election. which period
| Of assessment is here declared to mean
between the second Monday in May
and the second Monday in September
Of each year, and possesses the other
necessary qualifications and shall SUBJ
NIT evidence by written affidavit, sat
isfactory to the judges of election, es-
tablishing that fact, he shall be per-
mtted to vote.
All such original and certified copies
of poll tax receipts and written affida-
Wits shall be filed with the Judges OF
election an8 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
books Of all such persons permitted by
them to vote, whose names do not APP
pear on the certified list Of poll tax
payers, and such poll books shall have
a separate page for the purpose Of re-
cordng names OF such persons.
| II shall be the duty OF each elector
at the time OF payment Of his poll tax
TO state, and il shall be the duty OF
the collector to record and certify In
his receipt evidencing the payment OF