Pradat v. Ramsey

Citations

• 47 Miss. 24

Syllabus

<p>1. Election laws — their design to secure expression op popular will — this done, the mere omission op statutory details por holding election will not vitiate it. —The entire machinery of the election laws is designed to elicit an expression of the will of the electors in the choice of officers. The fundamental principle is, that the election shall terminate according to the will of a majority or plurality of those qualified to vote, and if this has been realized, a mere omission of statutory observances, prescribing the details for conducting an election, will not vitiate it.</p> <p>2. Same — same — irregularities will not vitiate unless the result does not conform to popular will, or that is doubtpul. — If the election was held at the proper time and place, and under the supervision of competent persons, mere irregularities, which concern the form of conducting it, will not avail to avoid it, unless it be shown that legal votes have been rejected, or illegal votes received, and that, because of the one or the other, or both, the result does not conform to the will of the voters, or uncertainty has been cast upon the result.</p> <p>3. Same — same — same.— No failure of duty, which is no more than an irregularity on the part of the registrars, inspectors or canvassers of the ballots, shall stand in the way of the popular verdict. When the popular will is ascertained, the design of the law is accomplished.</p> <p>4. Statute construed — under § 391, Code, 1871, the question is, ;who received a majority op legal votes. — The statute, § 391, Rev. Code, 1871, seems to confine the inquiry to the question, who received a majority of legal votes ; and evidence must be directed to this point.</p> <p>5. Same — same — certain evidence not admissible on the trial op this issue — case under review. — Evidence that the election was conducted in a disorderly manner, and that the boxes were not kept, and the returns not made according to law, in itself is not admissible. Evidenc