The Newark journal. (Newark, Ark.) 1901-1959, 1916-08-17

III the complaint Is SufueleHtly deH-
mite to make a prtma facte case, the
judge shall, unless the Circuit Court In
which IT is filed is in session or is TO
convene within 30 days, call q speclal
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 ana
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 ef the special term to hear such
cases shall not interfere with the va.
lidity of other courts proceeding al
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 SUI
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 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 certihcatiOn 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
Sec. 10. should 10 reputable citi-
gems of any county file 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
MAJ de, or the corrupt practices act vfo-
lated. the circuit Judge shall. IL In his
opinion there is good ground to be-
iieve the charges to be true. convene
special term at once unless the reg
ular term is in session or will con
vene within 80 days. II the charges
come In regular term, the judge
shall specially charge the Grand Jury
as to them. Should a special term be
called ii 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
70 select unbiased jurors. Should In
dctments 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 fand 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 a 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 II. Should It be proved to the
satisfaction of the trial Judge. In
case instituted under Section II, or
prosecution as contemplated by Section
H. 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
81 Il enter such finding as part OF
the Judgment. irrespective of the de-
termination of the issues in the suit
instituted under Section L. or the YER
dict of the jury in criminal proseeu-
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 filled by a special prf-
mary or otherwise as may be deter
mined by the party organization.
Sec. Is. Should proceeding under
Section II, or criminal prosecution
under Section 10 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 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 an custer from office. and
the vacancy in 1t shall be filed as
provided by law for filing vacancies in
such Office in case of death or resigna-
ton.
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
tb) Or. such persons name shall ap-
pear upon the list required to be Ger
tilted to the Judges Of election by Sec
ton three 90 of Act 800 OF the Acts
OF 1909.
Or # 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-
tablishinE that fact, he shall be per-
mittcd to vote.
All such original and certified copies
Of poll tax receipts and written affda-
Wits shall be filed with the Judges OF
election and returned by Thorn with
their other returns of election. and the
said Judges Of election shall i'm addi-
ton 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 have a
separate page fer the purpose Of re-
cordiug names Of such persons.
II shall be the duty Of each elector
at tho time of payment Of his poll tax
10 state and IT shall be the duty Of
the collector 20 record and certify in
his receipt evidencing tho payment OF
such poll tax. the color. residence,
postofIice address Uural route. town or
street address,, voting precinct. and
school district of such person at the
time Of the payment of such tax. and
all poll tax receipts not containing
such requirements shall be void and
shall not be recognized by the judges
Of election: provided. however. It 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
NV tho ord ipargae thereof