The Harrison times., 1916-08-26

days n against the ceTtlhchlon IN
more than one county. TIE complaint
shall be answered within 10 days.
II the complaint Is sufficiently deh-
Judge shall, unless the Circuit Court In
which II Is filed ~ in session OF is TO
convene within 30 Gays, call 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 regular
term II shall be given precedence and
be 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-
sion OF the special term TO hear such
cases shall not interfere with the va
lidity Of other courts proceeding et
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 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
provided. II 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 OFF,
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 TO
obey the mandamus by Imprisonment
in the county Jail.
Sec. 49, Should 10 reputable citi-
zens OF any county file a complaint
win the circuit judge within 20 days
after a primary election, alleging that
Illegal or fraudulent votes were cast
or fraudulent returns or certiticatlon
made, or the corrupt practic act Vfo-
lated, the circuit judge SHALL II in his
opinion there IS good ground to be-
lieve the charges to be true. convene
special term at once, unless the reg
ular term is in session or viii con-
vene within 30 days. II the charges
come in a regular term, the judge
shall specially charge the Grand Jury
as to them. Should a special term be
called, it shall in az 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 to the best method
to select unbiased jurors. Should in
dictments be returned, either at spe-
cial or regular term, for violating the
primary election laws, the defendants
shall be given speedy trial at said
Il
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 q 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. a. Should II be proved to the
satisfaction Of the trial judge, in a
case instituted under Section ~, or a
prosecution as contemplated by Section
13, 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 in the suit
instituted under Section 10, or the ver-
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
dar
Section 12 or a criminal prosecution
under Section 13, 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 II shall be filed as
provided by law for filling vacancies in
such office in case Of death or resigna-
ton.
Sec. 16. No person shall be allowed
to vote at any primary election held
under the laws Of this state, who shall
not exhibit poll tax receipt, or other
evidence that he has paid his poll tax
within the time prescribed by law to
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.
(b) Or, such persons name shall ap-
pear upon the list required to be cer-
tilted to the Judges of election by Sec
ton three (9 Of Act 800 OF the Acts
Of 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
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 sub
NIT evidence by written affidavit, sat
isfactory to the Judges Of election, es-
tablishlng that fact, he shall be per-
mitted to vote.
All such original and certified copies
Of poll tax receipts and written affida-
Wits shall be 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-
tion 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 ap-
pear on the certified list OF poll tax
payers, and such poll books shall have
separate page for the purpose OF re-
cording names OF such persons.
1t shall be the duty OF each elector,
at the time OF payment OF his poll tax,
TO state, and II shall be the duty or
the collector to record and certify In
his receipt evidencing the payment OF
such poll tax, the color, residence,
postonlce address (rural route, town or
street address,, voting precinct, and