Sharp County record., 1916-08-04

snail De answered. "lAiill ~ NoS
II the complaint is sufficiently dem
mite to make a prtma facie case, the
Judge shall, unless the Circuit Court IN
which it is filed is in session or Is 10
convene within 80 days, call speclai
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 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 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 tine 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 obeyed
by political committees and their Of
ficers and all election officers; further
provided. il 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 or
political parties and election of off,
GERS, or botA, or the secretary Of state.
enforce the proper certification 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.
fo Il
zens 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
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
special term at once, unless the reg
ular term Is in session or will con-
, vene within 80 days. II the charges
come In a regular term. the judge
shall specially charge the Grand Jury
as to them. Should special term be
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 dsinterested persons select
ed by him for that purpose, according
. TO MS opinion as u lnS ptSl IhtlHOu
to select unbiased Jurors. Should In
dictments 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 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 a finding by the court that the de-
fendant can not obtain fair and I'M
partial trial In the district OF the
county where said indictment Is pend
ing.
Sec A. Should II be proved to the
satisfaction Of the trial Judge, In a
case instituted under Section ~, or a
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
instituted under Section ~. or the YER
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
eancy shall be filled by a special pr!-
mary or otherwise as may be deter
mined by the party organization.
Sec, IS, Should a 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 to the Office as the nominee Of the
party, and It is determined that he
- IL H.. tAx
the Judgment contains a finding that
he violated the laws, as provided IN
Section IA, then such judgment shall
operate as an custer from ONCE, aud
the vacancy In II shah be filled as
provided by law for filling vacancies In
such Office In case OF death or resigna-
tion.
Sec. 1e No person shall be allowed
to yote 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 10
entitle him to vote at the succeeding
idenee shall be-
(aO A copy OF such receipt duly Ger.
tined by the clerk Of the County Court
Of the county whore such tax was
paid.
tined TO the judges OF election by Sec
tion three (S) OF Act 320 OF the Acts
Of 1900,
Or II any person offering to vote
shall have attained tho age OF 21 years
since the time OF assessing taxes next
preceding such election, which period
OF assessment Ia 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-
tabishins that fact he shall be per-
mitted TO vote,
All such original and certified copies
OF poll tax receipts and written aff,da.
V,.s 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 add.
tlon 10 their regular list OF voters
make an additional list upon their poll
books Of all such persons permitted by
them 70 vote, whosc names do not ap.
pear on tho certified list OF poll tax
payers and such poll books have a
separate paee for the purpose OF re-
oordne names Of such persons,
n shall be the duty Of each eleotor,
NJ tho time of payment Of his poll tax,
20 state, and n shall be the duty OF
the collector 10 record and certify In