Download or read book Digest of Election Cases written by James H. Ellsworth and published by . This book was released on 2016-07-02 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Digest of Election Cases: Cases of Contested Elections in the House of Representatives, Forty-Seventh Congress, From 1880 to 1882, Inclusive As to Escambia County, by the law Of Alabama it is the duty of the sheriff, judge of probate, and clerk of the circuit court to give notice of an election and appoint managers. This duty the sheriff, judge of pro bate, and clerk of the circuit court of Escambia County failed to per form. But by the statutes of Alabama it is provided that when for any cause managers and other officers of election are not appointed, the qualified electors present may elect them. It appears that this was done and the election held; and it further appears that on the 3oth day of October, 1880, the chairman of the Congressional executive committee of the Democratic party gave contestant notice that this course would be pursued, and invited him to name the persons he desired as managers to represent them at the different boxes. Under these circumstances, as the law is well settled that when time and places of holding an elec tion are fixed by law no notice by the Officials is essential, your com mittee can see no good ground upon which to exclude the vote of Escambia County. This conclusion derives additional weight from the fact that contestant in his notice of contest made no charge against the legality of the elec tion as held in Escambia County. As to the alleged misnomer in Pike County, your committee find that the evidence does not establish that more than fifty votes were cast in which Mr. Herbert's name was spelled Hebert. They further find that these ballots were intended to be cast for Herbert; that they were printed Hebert by mistake of the printer; that no person of like name except contestee was being voted for or was a candidate, and they be lieve that under the law and the precedents these votes were rightfully counted for contestee. Indeed, Mr. Ingersoll, one Of contestant's coun sel, admits they should be so counted. If we then restore to contestee his majority in Escambia, 634, and the votes taken from him in Pike, he gains from these two items alone, on the count of Abraham Mayer. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.