Sharp County record., 1916-08-11

cation IN one county, anu ~
days if against the certification in
more than one county. The complaint
shall be answered within 10 days:
II the complaint is sufficiently deh-
mite to make a prima facie case, IN @
Judge shall, unless the Circuit Court In
which it is filed is in session or is 10
convene within 80 days, 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 regular
term it 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 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
ldity 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
Jury; an appeal may be taken from
the Judgment, provided, however, that
the appeal shall not operate as a 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, 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 of
political parties and election Of off,
GERS 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. 13. Should 10 reputable ,citi-,
zens of any county file complaint
with the circuit Judge within 20 days
illegal or fraudulent votes were cast
or fraudulent returns or certification
made, or the corrupt practices 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 will con-
vene within 80 days. If 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 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 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
term (and the court may adjourn terms
90 Of In nr6ar that thew
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 IL, or q
prosecution as contemplated by Section
t3, 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 a part OF
the judgment, irrespective Of the de-
termination OF the issues In the suit
instituted under Section u, or the ver-
dict Of the jury in a criminal prosecu
tlon; 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. 10. 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 Il, then such judgment shall
operate as an custer from Office, and
the vacancy In II shall be filled az
provided by law for filling 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
not exhibit poll tax receipt, or other
evidence that he has paid his poll tax
within the time prescribed by law to
ontitle him to vote at the succeeding
general state election, Such other ev-
idence shall be!
(OD n copy OF NUCn receipt uulN Cer@
thed by the clerk Of the County Court
OF the county whore such tax was
paid.
(b) or, such persons name shall ap-
pear upon the lIiS required to be GER
tined TO the judges OF election by Sec
tion three (3) OF Act 320 OF the Acts
Or II 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 yeor, and Possesses the other
necessary qualifications, and shall sub
NIT evidence by written affldavit, sat-
isfactory TO tho Judges OF election, es-
toblishlng that fact, he shall be per-
mtted TO vote,
An such original and certified copies
OF poll tax receipts and written affida-
vlts sholl be fled with the Judges OF
election and returned by them with
their other returns Of election, and the
said judges OF election shall, In addi-
tlon 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 Hat OF poll tax
payers, and such poll books have q
separate p0ge for the purpose os re-