Sharp County record., 1916-08-25


more than one county. The complaint
shall be answered within 10 days.
II the complaint is sufficiently def
mite to make prima facie case, the
Judge shall, unless the Circuit Court in
which ii is filed is in session or is to
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 If 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
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 Of the Circuit
Court shall. until reversed, be obeyed
by political committees and their Of
ficers 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 Of
political parties and election OF Off
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. 13. Should 10 reputable oiti--
zens of any county file a complaint
with the circuit judge within 20 days
after a primary election. alleging that
Illegal or fraudulent votes were cast,
or fraudulent returns or certification
made, or the corrupt practices act vfo-
lated. the circuit judge shall, If in his
opinion there is good ground to be-
lieve the charges to be true, convene a
special term at once, unless the reg
ular term Is In session or viii con-
vene within 80 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 1t 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
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 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. 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
10, 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 r. 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 prl-
mary or otherwise, as may be deter
mined by the party organization,
Sec. Is. Should a proceeding under
Section 12 or a criminal prosecution
under Section 49, be not determined
finally until after the election, and the
defendant in such proceeding Is elect
ed TO the ONCE as the nominee OF the
party, and II Is determined that he
was not entitled to the nomination, or
the Judgment contains 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 filling vacancies in
such office In case OF death or reslgna-
tion.
Sec, 10. No person shall be allowed
70 vote at any primary election held
under the laws Of this state who shall
not exhibit a poll tax receipt, or other
evidence that he has paid his poll tax
within the time prescribed by law to
entltle him TO vote at the succeeding
general state election, Such other ev-
idence shall be;
(a) 4 copy Of such receipt duly ccr-
tined 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 liz required 10 be cer-
tined TO the Judges Of election by Sec
tion three t3) Of Act 800 OF the Acts
OF 1909,
or. II any person offering 20 vote
shall have attained the axe Of 81 years
since the time Of assessing taxes next
preceding such election, which period
OF assessment is here declared 10 mean
between the second Monday I'm May
and tho second Monday In September
OF eneh year and possesses the other
necessary qualifications, and shall sub"
nit evidence by written nlildayt, sat-
isfaetory 20 the judges Of election, es-
tablshing that fact he shall be per-
mitted to vote
All such original and certified copies
OF poll tax receipts and written aflda-
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 adll-
tion 20 their regular llHt OF voters,
make an additional llHt upon their poll
hooks Of all such persons permitted by
them 20 vote, whore names do not ap-
pear on the certified llat Of poll tax
payers and such poll books have n
separate page FOR The purpose ~ re-
cording names Of such persons