The Harrison times., 1916-08-05

cation in one county, and within 20
| days II against the certihcation in
more than one county. The complaint
shall be answered within 10 days.
II the complaint is sufficiently def
mite 10 make prima facie case, the
! judge shall. unless the Circuit Court IN
| which II Is filed Is in session ~ is TO
| convene within 30 days, call a special
| term. which shall possess the powers
! cf a court convened in regular term
| and shall proceed at once to hear the
| case. If the case comes in regular
| term II shall be given precedence ana
! be speedily determined The judge
| may adjourn other courts IN order 10
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 De
| 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
fcers and all election officers; further
| provided. II 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 Off
| GERS, or both, or the secretary OF state,
enforce the proper certiication 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 cit-
zens of any county file a complaint
wiA the circuit judge within 20 days
after a primary election, alleging that
| Illegal or fraudulent votes We're 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
special term at once. unless the reg
| ular term is in session or Will con-
vene within 30 days. II the charges
come in a regular term, the judge
shall specially charge the Grand Jury
| as 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 he 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 t n 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 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. IA. Should it be proved to the
satisfaction of the trial judge, in a
case instituted under Section IL, or
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
instituted under Section IL, or the ver-
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 pri-
mary or otherwise. as may be deter
mined by the party organization.
Sec. Is. Should a proceeding under
artt, oina tfny
under 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 ii 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 IA. then such judgment shall
operate as an custer from office, and
the vacancy in It shall be filed 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
titled by the clerk OF the County Court
OF the county where such tax was
paid.
(b) Or such persons name shall ap-
near upon the list required to be GER
titled to the judges OF election by Sec
ton three (3) of Act 800 OF the Acts
Of 1909.
or, IL 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-
tabishing that fact, he shall be per-
mitted to vote.
All such original and certified copies
Of poll tax receipts and written afflda-
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-
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 ap-
pear on the certified list of poll tax
payers, and such poll books shall have
separate page for the purpose of re-
| cording names OF such persons.
II shall be the duty of each elector,
at the time of payment of his poll tax,
| to state, and II shall be the duty of
/ the collector TO record and certify In
! his receipt evidencing the payment of
| such poll tax, the color residence,
postotllce address (rural route, town or