Bernier v. Russell

Citations

• 89 Ill. 60

Syllabus

<p>1. Election—proof of validity of election in suit against judges for refusing a vote. In a suit by a party against the judges of an election in the village of Cahokia for the election of trustees of schools, held under the act of 1841, for refusing to allow the plaintiff, a villager, to vote, in which the defendants acted as judges, it does not lie in the mouths of the defendants to say the plaintiff must prove beyond this that the election was valid.</p> <p>2. Same—qualification of voter. Under the act of 1841, relating to the village of Cahokia, the only requisite to qualify one to vote at an election for school trustees of such village, is that he shall be one of the male villagers, and of sufficient age and length of residence in the village.</p> <p>3. The election laws governing political elections have no application to the election of school trustees in the village of Cahokia any more than with the election of trustees by a religious organization, and such election need not be by ballot, and no registration of voters is necessary.</p> <p>4. Where the judges of election in the village of Cahokia at an election for school trustees refused the vote of a male inhabitant, upon the ground alone that he was a negro, he having all the necessary qualifications to vote, it was held, that the judges were liable in an action against them by the party whose , vote they refused.</p>