The Harrison times., 1916-08-12

| more than one county Tue NotHPAoiH'
shall be answered within 10 days.
II the complaint is sufficiently deh-
mite TO make a prima facie case. IN
| judge shall unless tho Circuit Court IN
! which II Is fled IL In session or - 10
convene within 30 Gays. call a special
! term. which shall possess the powers
Of court convened in regular term
and shall proceed at once 10 hear the
case. II the case comes IN resula, ,
term II shall be given precedence and
be speedily determined. The judge
NAV adjourn other courts in order TO
hear such cases, and may call another
! judge in exchange TO sit i'm other
/ courts, or vacate the bench in other
/ courts and cause a special Judge 10 De
| elected TO hold the same; and the ses-
| sion OF the special term 10 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
the judgment. provided. however, that
| the appeal shall not operate as su-
persedeas, by judicial order or other
wise, and the Judgment or the CircuiS !
Court shall, until reversed. be obeyed
| by political committees and their Of
| icers and all election officers; further
provided, Il shall be the duty or the
Supreme Court 10 advance the hearing
OF any such appeal.
The Circuit Court. or, when neces-
sary. the circuit Judge, in vacation,
shall by mandamus 10 the officers or
political parties and election oin-
GERS. or both, or the secretary OF state,
enforce the proper certitcation 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 49, Should 10 reputable cit-
zens OF any county file a complaint
wi~ the circuit judge within 20 days
after a primary election, alleging that
Illegal or fraudulent votes were cast
or fraudulent returns or certincatlon
made, or the corrupt practices act yto-
lated. the circuit judge shall, II in his
opinion there is good ground TO De
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 changes
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 oy
the Jury commissioners or by the sher-
if. 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 al 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
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 vense shall be granted
in such cases except after a hearing
and a finding by the court that the de-
fendant can not obtain a fair and i'm
partial trial in the district OF the
county where said indictment is pend
ing.
Sec. A. Should it be proved to the
satisfaction of the trial judge, in a
case instituted under Section 10, or a
prosecution as contemplated by Section
13, 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
diet of the jury in 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 filed by a special pri-
mary or otherwise. as may be deter
mined by the party organization.
Sec Is. Should a proceeding under
Section u, or a criminal prosecution
hn 40 lotn ,o1
finally until after the election, and the
defendant in such proceeding is elect
cd 70 the Office as the nominee OF the
party. and il 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 it 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
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
tihed 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-
titled to the judges Of election by Sec
tion three (9) 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 sub
NIT evidence by written affidavit, sat-
! isfactory to the judges Of election, es-
tablishing 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
I 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 APP
pear on the certified list of poll tax
| payers, and such poll books shall have
n 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 It shall be the duty OF
| the collector to record and certify in
| his receipt cvdencing the payment OF
such poll tax, the color residence
postofllce address (rural route, town OF
| street address), voting precinct, and