The Newark journal., 1916-08-03

cation in one county. and within ~
days II against the certlhcatlon IA
more than one county. The complain
shall be answered within 10 days;
If the complaint is sufficiently Gen
mite to make a prima facie case lHS
Judge shall, unless the Circuit CouI "a
which IL is filed is in session or Is 70
convene within 30 days, call speclal
term, which shall possess the powers
OF a court convened in regular term
and shall proceed at once to hear ihe
case. If the case comes in regular
term it shall be given precedence anu
be speedily determined. The JudEe
may adjourn other courts IN ordei 70
hear such cases. and may call another
Judge i'm exchange to sit in other
courts, or vacate the bench in other
courts and cause special judge TO pe
elected to hold the same; and the ses-
sion Of the special term TO hear such
cases shall not interfere with the va
lidfty 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 SUI
persedeas. by judicial order or other
wise. and the Judgment of the Circuit
Court shall until reversed, be obeNed
by political committees and their Of
fcers 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
sarv the circuit Judge In vacation,
shall. bv mandamus to the officers Of
+ political parties and election of otfi=
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 citi-
gems of any county file complaint
with the circuit Judge within 20 days
after n primary election. alleging that
Illegal or fraudulent votes were cast,
or fraudulent returns or certitieation
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
special term at once, unless the reg
ulaF 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 a 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 a 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 the de-
PENDANT can not obtain fair and i'm
partial trial in the district of the
county where said Indictment Is pend
ing.
Sec. ii. Should it be proved to the
satisfaction Of the trial Judge. In n
case instituted under Section u, or
prosecution as contempt dated by Section
Is. 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
$ 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
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
caney shall be filled by a special prt-
mary or otherwise. as may be deter
mined by the party organization
Sec. Is. Should proceeding under
Section -, 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 finding that
he violated the laws, az provided In
Section H. 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
tinn.
Sec. 16 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-
idence shall be:
la5 4 copy of such receipt duly GER
tilted by the clerk of the County Court
of the county where such tax was
@fb) Or. such persons neme shall APP
pear upon the list required to be Ger
tilted TO the judges of election by Sec
tion three go 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 assessment Is here declared 10 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-
tablishing 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 them with
tn cir other returns of election, and the
said Judges Of election shall IN addi-
ton to their regular list of voters.