Sharp County record., 1916-08-18

CATION III one tOuutSt eV
days If against the certification in
more than one county. The complaint
shall be answered within 10 days.
II the complaint is sufficiently dei-
mite to make a prima facie case, the
judge shall. unless the Circuit Court In
which it 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 q
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 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 oiti-
zens Of any county file complaint
with the circuit judge within 20 days
after primary election, alleging that
illegal or fraudulent votes were cast.
or fraudulent returns or certif1cation
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
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 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
DSllI JuIOlS, cltuCi oil llol5 oCiCSICo w
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
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 contin-
uance or change of venue be granted.
No change Of venue shall be granted
In such cases except after a hearing
and finding by the court that tho de-
partial trial in the district Of the
county where said indictment is pend
ing.
Sec IA. Should II be proved to the
satisfaction OF the trial Judge. In a
case instituted under Section 10, or .
prosecution as contemplated by Section
49, 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
luSllluJcu uuucl pcGlloI ~, VI tHS VST-
dict Of The jury In a criminal prosecu-
tion; and the Judgment to that effect
shall operate to deprive Me candidate
of the nomination and right to have
his name on the ballot, and the va
cancy shall be filled by a special pt-
/ mary or otherwise as may be deter
mined by the party organization.
Sec. Is. Should a proceeding under
Section 12, or a criminal prosecution
'funder 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 no
was not entitled to the nomination, or
the Judgment contains a finding that
he violated the hws, as provided in
Section II, then such Judgment shall
operate as an custer from Office, and
the vacancy In II shall be filled as
provided by law for filling vacancies In
such Office In case OF death or resigna-
tion.
Sec. 10. No person shall be allowed
TO 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
entitle him to vote at the succeeding
general state election, Such other ev-
idenee shall be;
(al A copy OF such receipt duly eer-
tiled 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 lift required TO be GER
tined TO the judges OF election by Sec
tion three (3) OF Act 320 OF the Acts
OF 1909
or, II 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 Ia here declared TO mean
between the second Monday In May
md the second Monday In September
of each year, and possesses the other
necessary qualifications, and shall SUBJ
nit evidence by written aflldavit, sat-
isfaetory to tho Judges OF election, es-
tabllshing that fact he shall be per.
mitted to vote,
AN such original and certified copies
OF poll tax receipts and written af1ida-
Wits shall be flled with the Judges OF
election and returned by them with
their other returns OF election, and the
said Judges OF election shall In addis
tion 10 their regular liet OF voters,
make an additional list upon their poll
books OF all such persons permittee by
them TO vote, whose names do not ap-
pear on tho certified Hat OF poll tax
payers, and such poll books have n
separate page for tho purpose oS re.
eordine names OF such persons,