Year: 1879

The last number of the Immigrant (Dardanelle) gives a short review of the status of the County Site case in our county, the main points of winch 1t has correct; but, in one or two points it gets into error. In the in- terest of a correct history ot this case, as well as in justice to the town of Russellville and to Judge Jacoway, we shall correct the errors into which the Immigrant has fallen.

 The first error in the Immigrants s article is contained ia this para graph:

 "But, in the meantime, the attor. neys for Dover had entered a contest in the County Court, claiming that the result of the original election had been procured by fraud and llle- gal voting, and should be set aside" !"

 The second error is contained ia this sentence;

 "The Supreme Court reversed Judge Jacoway's decision, overrul- ing the position taken by the Pope County Court and holding that the contest upon the original question of removal or removal must be settled"

 The first error consists in saying that the attorneys for Dover alleged that the result of the first election had been procured BY FRAUD and illegal voting. This places Rus sellville in an unenviable light, for it was Russellville, in the man, that was working to carry the election for removal. The correction we wish to make is this: the attorneys for Dover in their application for contest DID NOT make q charge of FRAUD; they simply claimed that there were q number of votes cast outside of their precincts, which fact, they claimed, made all such votes illegal. They did not allege that these votes were cast by persons who were illegal voters in their own townships, nor did they allege any fraud; they sim. ply took advantage of the fact that number of voters in this election, as in all other elections ever held in our county, had gone to the most conven- tent voting place and there cast their ballots outside of their own town ship. This may constitute an Cir regularity" but we think "fraud" is too severe term to apply to q GUS tom which has always prevailed and seldom ever before been questioned.

 The Immigrants second error con sists in stating that the Supreme Court reversed Judge Jacoway and over-ruled the position taken by the County Court. The Supreme Court did not reverse Judge Jacoway, as we understand its order. That Court rendered no opinion whatever and gave no hint as to It's opinion on the point of jurisdiction. It simply made an order unDn an ex-parte ap- plication and argument by the attor- neys for Dover, directing the issu- ance of an alternate writ of man. damus commanding the Circuit Judge to mandamus the County Court to'gr:tt an appeal or to show cause for not so dolng. Upon the granting of the appeal by the Coan- ty Court the Circuit Judge can then hear the contest or decline to do so for want of jurisdiction, as there is in the Supreme Court pro- ceedings thus far in this case to de- eide where jurisdiction does lie.

 It is to be regretted, in view of the public importance of this matter, that the Supreme Court has been so chary of touching upon and deciding the real points of importance in this case-points which were cer- tainly incidentally involved, and con falrly before the Court.

 For the sake of preserving the full 1 history of this case we produce in another place the full order of the Supreme Court.