The Newark journal. (Newark, Ark.) 1901-1959, 1916-08-10


II the complaint Is sufficiently den
mite to make a prima facie case, tht
Judge shall, unless the Circuit Couit IA
which IL is filed is in session or Is "
convene within 30 days. call spSoia,
term which shall possess the powers
Of court convened in regular term
and shall proceed at once to hear tho
case. IL the case comes in regula55
term it shall be given precedence anu
be speedily determined. The 1uu4e
may adjourn other courts in order TO
hear such cases. and may call another
Judge in exchange to sit in othef
courts, or vacate the bench in other
courts and cause a special judge to be
elected to hold the same; and the SEES
sion ef 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
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 oheyea
by political committees and their oil
ficers and all election officers; further
provided, 1t 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 certitication 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. 10. Should 10 reputable eiti-
gems of any county file a complaint
with the circuit Judge within 20 days
- 4la o iFat
Illegal or fraudulent votes were cast,
or fraudulent returns or certlfication
made, or the corrupt practices act vto-
lated the circuit judge shall. IL in his
opinion there is good ground to be-
lieve the charges to be true. convene a
special term at once. unless the reg
ufar term is in session or will con-
vene within 30 days. If the charges
shall specially charge the Grand Jury
a to them Should 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-
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 at 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 q eontin-
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-
PENDANT can not obtain fair and i'm
partial trial in the district of the
county where said indictment Is pend
Sec. Il. Should It be proved to the
satisfaction of the trial Judge. In a
case instituted under Section Il. or a
prosecution as contemplated by Section
Il, that a successful candidate has
been guilty Of violating any provision
other violation Of the laws regulating
primary elections the Circuit Court
81 II enter such finding as a part Of
the judgment, irrespective of the de-
termination of the issues In the suit
instituted under Section Il. or the YER
diet OF the jury In a criminal prosecu-
ton; 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 proceeding under
Section -, or a criminal prosecution
under Section 10, be not determined
finally until after the election. and the
defendant in such proceeding Is elect
ed 10 the office as the nominee of the
party, and 1t Is determined that he
was not entitled to the nomination, or
the judgment contains a finding that
he violated the laws, s provided in
Section II. then such judgment shall
operate as an custer from office, and
the vacancy in it 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
10 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 10 vote at the succeeding
general state election. Such other ev-
idence shall be:
ta) A copy of such receipt duly GER
titled by the clerk OF the County Court
of the county where such tax was
tbl Or. such persons name shall ap-
pear upon the list required to be GER
tilted 20 the judges of election by Sec
ton three 90 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 asses ment 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-
tahlishing that fact he shall he 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-
ton to their REGULAR list Of voters.
make an additional list upon their poll
hooks 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 have n
separate page for the purpose of re-
coraing names of such persons
II 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 recent eVideuciug the payment or
such pou tax. the color. residence,
postohice address lrural route town or
street address,. voting precinct. and
school district of such person at the
time Of the payment of such tax, and
all uoll tax receipts not conta lining
such requirements shall he void and
shall not be recognized by the judges
Of election: provided, however, 1t shall
not be necessary to state or have Ger
titled the street address of any such
person in cities and towns where the
numbering of houses IS not required
by the ordinances thereof.